How have the courts interpreted the facts in an affidavit in a motion for negligence?

MultiRegion, United States of America

The following excerpt is from Guidroz-Brault v. Missouri Pacific Railroad Company, 254 F.3d 825 (9th Cir. 2001):

details need not be disclosed in the affidavit, the underlying facts must exist. See Bulthuis v. Rexall Corp., 789 F.2d 1315, 1318 (9th Cir. 1986). "If further facts are desired, the movant may request and the district court may require their disclosure." Id. In the case at bar, our study of the record does not reveal the existence of underlying facts which could support the opinions of the lighting and locomotive engineers about what the defendant's crew members should have seen that would have given a careful operator notice of a hazard in time to avoid it.

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