The relationship between students and schools in negligence actions in Arizona has been the subject of multiple recent cases. Recently, the Arizona Court of Appeals examined the standards for determining negligence in Arizona. In Hale v. Window Rock Unified School District (“District”), the court discussed the evolution of these school-student relationships within the context of negligence.
Standard of Care
The central issue in any medical malpractice case is whether the medical provider breached the applicable standard of care. The California state appeals court recently clarified the standard of care for a physician in an unpublished case. Generally speaking, the medical standard of care is defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. The standard of care is only proven by expert testimony, unless the circumstances are such that the required conduct is within the layperson’s common knowledge.
A strategic and thoughtfully prepared motion in limine can allow a party to assert control over the facts that will be presented to a jury and are a commonly used tool for raising evidentiary issues relating to expert witness testimony. A successful motion in limine can shape the course of a trial. In Valderrama v. Beautologie Cosmetic Surgery, Inc., the use of thoughtful motions in limine to preclude irrelevant testimony and prevent plaintiffs’ experts from relying on the irrelevant testimony, allowed defendants to succeed at trial.