What is the test for a plaintiff to be successful in a personal injury case?
California, United States of America
The following excerpt is from McClain v. Kissler, 251 Cal.Rptr.3d 885, 39 Cal.App.5th 399 (Cal. App. 2019):
(1) " [T]he policy of the law is to have every litigated case tried upon its merits, and it looks with disfavor upon a party, who, regardless of the merits of the case, attempts to take advantage of the mistake, surprise, inadvertence, or neglect of his adversary. " ( Au-Yang v. Barton (1999) 21 Cal.4th 958, 963, 90 Cal.Rptr.2d 227, 987 P.2d 697.)
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