What is the test for determining whether a party is entitled to judgment in a personal injury case?
California, United States of America
The following excerpt is from Allyson v. Department of Transportation, 53 Cal.App.4th 1304, 62 Cal.Rptr.2d 490 (Cal. App. 1997):
As earlier noted, our review precisely mirrors what occurs in the trial court, i.e., we make a de novo evaluation which, after it be shown that there are no disputed issues of material facts, requires a legal determination of the moving party's entitlement to judgment. (Jambazian v. Borden (1994) 25 Cal.App.4th 836, 844, 30 Cal.Rptr.2d 768.)
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