What is the test for determining whether a Defendant has been found to have been negligent in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Dunsmore v. San Diego Cnty. Sheriff's Dep't, Civil No. 11-0083 IEG (WVG) (S.D. Cal. 2011):
comment, one which significantly affects his daily activities, or one which is chronic and accompanied by substantial pain, see Dotty v. County of Lassen, 37 F.3d 540, 546 (9th Cir. 1994); and (2) a subjective, and "sufficiently culpable" state of mind on the part of each individual Defendant. See Wilson v. Seiter, 501 U.S. 294, 302 (1991).
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