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That particular acts or omissions may evince gross negligence in some situations does not mean that they do in all situations. Rather, all the circumstances are pivotal, and unless they permit a reasonable jury to develop a firm conviction or belief that the defendant did not care about the risk, there can be no gross negligence.
December 12, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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