In a world with more internet access I'd do a quick study, but for now, I'll just pose the question:
When an opinion begins by saying that a plaintiff "injured herself" (or himself) in a particular accident, does that tend to suggest that the Court of Appeal is going to find for the defendant?
That's the sense I got when reading the first sentence of this opinion. ("Plaintiff Michele Lee injured herself on a stairway in the Bootjack Campground
within Mt. Tamalpais State Park . . . .") And it turned out to be right; the grant of summary judgment in favor of the defendant was affirmed. (Though the Court of Appeal did reverse the fee award against the plaintiff.)
Saying that someone "injured herself" suggests that the fault was with the plaintiff. "Was injured" is more neutral. I suspect that use of the former may give some insight into the mindset of the author.
