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Guarding The Guardians: Should Guardians Ad Litem Be Immune From Liability For Negligence?, Alberto Bernabe
Guarding The Guardians: Should Guardians Ad Litem Be Immune From Liability For Negligence?, Alberto Bernabe
Loyola University Chicago Law Journal
Illinois has a very comprehensive regulatory system for guardianships, which are recognized and regulated by several different statutes including the Illinois Probate Act and the Illinois Marriage and Dissolution of Marriage Act. Unfortunately, notwithstanding this comprehensive regulation, courts have struggled with the question of whether guardians ad litem should be immune from possible liability for injuries caused to their wards. Under the Marriage Act, an attorney appointed as a guardian ad litem is expected to perform duties on behalf of the court while the language of the Probate Act suggests that a guardian ad litem is appointed to represent the …
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe
Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe
Seattle University Law Review
This Note will argue that the Babcock court's application of this immunity fails to serve the traditional goals of judicial immunity and undermines the factors that should protect dependent children. This argument will develop by first considering the development of judicial immunity and the significance of the concept of functional comparability. The Note will then begin the discussion of the Babcock case with an explanation of the nature of a dependency proceeding and the duties performed by a caseworker during initiation of a dependency proceeding and during placement in foster-care. The Note will then consider the caseworker's actions in the …
Parental Immunity And Respondeat Superior, 1970
Parental Immunity And Respondeat Superior, 1970
Washington and Lee Law Review
No abstract provided.
A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity
A Proposal For A Modified Standard Of Care For The Infant Engaged In An Adult Activity
Indiana Law Journal
No abstract provided.
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
Michigan Law Review
No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …
Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.
Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.
Michigan Law Review
Plaintiff, a minor, sustained injuries in a collision which occurred while he was riding in a car owned and driven by defendant, his father. The complaint alleged that defendant was guilty of willful and wanton misconduct, consisting of speeding on a wet road on a foggy night and of running a stop light. A motion to dismiss on the ground that the suit was contrary to public policy was sustained. On appeal, held, reversed. The doctrine of parental immunity is inapplicable to cases of willful and wanton misconduct. Nudd v Matsoukas, (III. 1956) 131 N.E. (2d) 525.
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Michigan Law Review
Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …
Child's Right Of Action For Prenatal Injuries
Domestic Relations--Right Of Wife To Sue For Loss Of Consortium Due To A Negligent Injury To Her Husband, John Morrow Kinnaird
Domestic Relations--Right Of Wife To Sue For Loss Of Consortium Due To A Negligent Injury To Her Husband, John Morrow Kinnaird
Kentucky Law Journal
No abstract provided.
Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead
Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead
Michigan Law Review
Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Torts - Infants - Immunity Arising From Family Relationship, Michigan Law Review
Michigan Law Review
Plaintiff, a twelve year old boy, was injured in an automobile accident by the admitted negligence of defendant, his sixteen year old sister. Neither child had a separate estate, both were unemancipated, unmarried, and were living at home with their parents. Held, plaintiff could recover. Rozell v. Rozell, 256 App. Div. 61, 8 N .Y. S. (2d) 901 (1939), affd. (N. Y. 1939) 22 N. E. (2d) 254.
Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband
Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband
Michigan Law Review
Plaintiff sued for loss of the opportunity to bear children by her husband resulting from his emasculation caused by defendant's negligence. The court below dismissed the complaint. Held (one judge dissenting), judgment affirmed. Such a cause of action has never been recognized. It cannot be said that the wrong is the proximate cause of the loss because of the many elements of doubt and conjecture in connection with the birth of children. Landwehr v. Barbas, 24I App. Div. 769, 270 N. Y. S. 534 (I934).
Husband And Wife-Loss Of Consortium
Husband And Wife-Right Of Wife To Sue Husband For Tort
Husband And Wife-Right Of Wife To Sue Husband For Tort
Michigan Law Review
Plaintiff, an automobile guest resident in Wisconsin, brought action against the driver for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action but before trial the parties intermarried. Held, that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife, that the law governing the creation and extent of defendant's liability was the law of Illinois, and the cause of action therefore abated. Buckeye v. Buckeye (Wis. 1931) 234 N.W. 342.
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …