What is the test for determining if a party has committed an act of gross negligence in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Punay v. Mortgage, CASE NO. 16cv2780-WQH-NLS (S.D. Cal. 2017):
transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the defendant's conduct, and the policy of preventing future harm." Biakanja v. Irving, 320 P.2d 16, 19 (1958).
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