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Full-Text Articles in Law
Trends In Damage Awards For Spinal Injuries, Vivian Solganik
Trends In Damage Awards For Spinal Injuries, Vivian Solganik
Cleveland State Law Review
This survey covers the years of 1965, 1966 and 1967. Cases have been grouped into injuries to vertebrae, injuries to intervertebral discs, aggravation of pre-existing injuries, and other spinal injuries, and then subdivided by year. The discussion is limited to injuries of the thoracic,lumbar and pelvic (sacrum and coccyx) segments and of the spinal cord. Cases dealing with injuries of muscles, tendons, and ligaments, including sprains and strains, have not been included.
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Expanding Employees' Remedies And Third Party Actions, Robert L. Millender
Cleveland State Law Review
The title of this article is perhaps somewhat misleading. Do third party actions expand employees remedies? Such actions arise out of provisions of our state and federal workmen's compensation laws granting an employer or his insurer the right to sue any person or persons who cause the injury to his employee. Also, third party actions arise under statutes granting the injured employee the right to sue the tort-feasor without loss of recourse against the employer. Third party actions do constitute an expanding remedy for the employer and his insurer; it is generally conceded that without a statutory provision the right …
Damages In Wrongful Death Actions, Stanley B. Kent
Damages In Wrongful Death Actions, Stanley B. Kent
Cleveland State Law Review
It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Cleveland State Law Review
There is no mystery in the language which courts from time immemorial expressed in an attempt to explain when they will interfere with a verdict which has been challenged on the grounds of either excessiveness or inadequacy. Lip service is given to the rule that the size of the verdict alone is not the criteria for interference with the verdict of a jury. The usual language is that excessiveness or inadequacy, to warrant interference, must evince or carry an implication of passion or prejudice, corruption, partiality, improper influences, or the like. An analysis of the decisions, however, justifies "the conclusion …
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
Cleveland State Law Review
In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.