What is the test for determining whether a plaintiff is a victim of a tortfeasor in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Asberry v. Relevante, Case No. 1:16-cv-01741-LJO-JDP (E.D. Cal. 2018):
exist[ed]" for the plaintiff, and the defendant must actually draw that inference. Farmer, 511 U.S. at 837; Castro v. Cty. of Los Angeles, 833 F.3d 1060, 1068 (9th Cir. 2016). The defendant's "failure to alleviate a significant risk that he should have perceived but did not, while no cause for commendation, cannot under our cases be condemned as the infliction of punishment." See Farmer, 511 U.S. at 838.
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