What is the test for determining whether a plaintiff was negligent in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Hoffman v. A.G. Becker, Inc., 872 F.2d 427 (9th Cir. 1989):
Negligence is a mixed question of law and fact reviewed for clear error "[b]ecause ... the trial court's findings of fact effectively determine [the appellate court's] legal conclusions." United States v. McConney, 728 F.2d 1195, 1204 (9th Cir.), cert. denied, 469 U.S. 824 (1984).
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