Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Law
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
Journal of Law and Mobility
This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will …
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Valerie P. Hans
No abstract provided.
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Cornell Law Faculty Publications
No abstract provided.
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
Cleveland State Law Review
It is imperative that a multi-disciplinary approach to the seat belt defense be attempted. With a growing number of exceptions, courts have ruled that a defendant may not seek to lessen or avoid liability by showing that the plaintiff failed to use a restraint system. In this way the seat belt defense has frequently been rendered unavailable. Too often, the judiciary has determined as a matter of law that a reasonable person need not use a life-saving mechanism, denying juries an opportunity to reach a different conclusion. Thus, paradoxically, while courts have expanded the scope of injury liability by asserting …
Defectively Designed Highways, Steven J. Erlsten
Defectively Designed Highways, Steven J. Erlsten
Cleveland State Law Review
There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …
Brake Failure As Negligence Per Se, Otto J. Danker
Brake Failure As Negligence Per Se, Otto J. Danker
Cleveland State Law Review
Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.
Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.
Negligence-Res Ipsa Loquitur-Justification For A Directed Verdict In Favor Of The Plaintiff, William A. Bain, Jr. S. Ed.
Michigan Law Review
Defendant was driving his car along a straight and unobstructed stretch of gravel road when it ran off the road, overturned, and injured the plaintiff, who was a passenger. There was some conflict in the evidence as to the speed of the car and the only evidence that the defendant could offer as to the cause of the accident was a statement that it could have been the gravel or a tie rod. The trial court directed a verdict for the plaintiff. On appeal, held, affirmed. The car left a straight and unobstructed highway and there is no showing …
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will
Michigan Law Review
A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Negligence - Guest Statutes - Proximate Cause, Erwin S. Simon
Michigan Law Review
The deceased was fatally injured while riding as a guest in defendant's truck. In the course of the action for damages brought by the administratrix, the court instructed that "if you find from a preponderance of the evidence that the driver of the truck was guilty of willful and wanton misconduct . . . and that as a consequence thereof the accident occurred, and further, that such conduct contributed to the death of plaintiff's intestate," then the jury should find for the plaintiff. Verdict was for the plaintiff and defendant appealed. Held, that the instruction was erroneous because it …
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Negligence - Wrongful Death Act-Wife's Death Resulting From Husband's Negligence, Virginia M. Renz
Michigan Law Review
The Pennsylvania wrongful death statute provides that whenever death shall be occasioned by unlawful violence or negligence and no suit has been brought by the party injured during his or her life, the husband, widow, children, or parents of the deceased shall be entitled to recover for damages for injuries causing the death. Under this statute a father sued to recover damages for the death of his daughter which resulted from an automobile accident caused by the negligence of her husband. Held, the wife's disability to sue her husband for tort is personal; it does not bar recovery of …
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Res Ipsa Loquitur - Automobiles -Application Of Doctrine When Person Charged With Tort Is Deceased
Michigan Law Review
Defendant's intestate was killed in an accident when the car which he had been driving left the road. Plaintiff, a guest in the car, sued for damages for injuries sustained, alleging negligence. Plaintiff proved the happening of the accident, and his injuries, and then rested, relying upon the doctrine of res ipsa loquitur. Defendant argued that, in view of the death of his intestate, the doctrine should not be applied. Held, the doctrine of res ipsa loquitur applied, permitting an inference of negligence, though knowledge of facts which would prove the cause of accident is no more accessible …
Negligence - Liability For Injury Resulting From Fright
Negligence - Liability For Injury Resulting From Fright
Michigan Law Review
While crossing the street in front of her home the daughter of the plaintiff's intestate was killed by the negligent driving of the defendant. The plaintiff's intestate was watching from the window at the time and saw the accident. The shock resulted in illness, which caused her death several weeks later. Plaintiff, as administrator under the Wisconsin Death Act, recovered a judgment for the injury to the mother. Held, that the judgment should be reversed since there was no duty to the mother. Waube v. Warrington, (Wis. 1935) 258 N. W. 497.
Torts -Temporary Insanity As A Defense
Torts -Temporary Insanity As A Defense
Michigan Law Review
While operating a bus owned by the corporate defendant the individual defendant suddenly became insane and lost control of the bus which struck a parked ice truck owned by the plaintiff McKay, and upon which the plaintiff Sforza was chopping ice. These actions were brought to recover for property damage and personal injuries thereby incurred. Held, in spite of the temporary insanity the individual defendant was legally responsible for the negligence, which is imputable also to the corporate defendant. Sforza v. Green Bus Lines, Inc., et al; McKay v. Same, (Munic. Ct. City of New York, 1934) 268 …
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution
Michigan Law Review
One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …
Torts - Imputed Negligence - Passenger In Private Carrier For Hire
Torts - Imputed Negligence - Passenger In Private Carrier For Hire
Michigan Law Review
The plaintiff hired Hilton, a private carrier, to drive her from Detroit to Ann Arbor. Hilton's car collided with a car driven by the defendant, both Hilton and the defendant being negligent. Held, that the plaintiff could recover, as the negligence of a private carrier for hire will not be imputed to a passenger riding in his conveyance. Three judges dissented; the four concurring judges refused to join Justice McDonald in his opinion expressly overruling the whole doctrine of Thorogood v. Bryan. Lachow v. Kimmich, 263 Mich. 1, 248 N. W. 531 (1933).
Torts - Principal And Agent - Liability For Negligent Driving
Torts - Principal And Agent - Liability For Negligent Driving
Michigan Law Review
Defendant company's salesman, driving his own car while selling defendant's washing-machines on a commission basis over a large territory, and with no regulation by the defendant except as to the terms of the contracts the salesman might make, negligently collided with plaintiff's car. Held, a salesman driving his own car, with no more supervision than existed here, is an independent contractor for whose negligence his employer is not liable. Stockwell v. Morris, (Wyo. 1933) 22 Pac. (2d) 189.
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Automobiles - Guest - Contributory Negligence
Automobiles - Guest - Contributory Negligence
Michigan Law Review
The plaintiff was a guest of the defendant in the latter's automobile during a night trip. With the knowledge and consent of the defendant the plaintiff went to sleep. While he was sleeping the defendant negligently wrecked the car and plaintiff was injured. Held, that the question as to whether or not such conduct constituted contributory negligence was one of fact for the jury. Nelson v. Nygren, (N. Y. 1932) 181 N. E. 52.
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Michigan Law Review
Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …
Torts - Negligence - Recent Acquisition Of Driver's License
Torts - Negligence - Recent Acquisition Of Driver's License
Michigan Law Review
In a suit for damages for injuries allegedly negligently inflicted upon the occupant of an automobile, plaintiff testified that defendant was driving at a high rate of speed when his car began to zigzag and finally overturned, injuring plaintiff. Defendant testified that he was driving moderately when, upon their sudden application, the brakes locked, causing the car to zigzag and overturn. There was evidence to the effect that "defendant was an inexperienced driver, having just obtained his driver's license." Defendant's motions for a nonsuit and a directed verdict were refused. Held, that the question of defendant's negligence was for …
Torts - Negligence - Liability For Injuries Caused By Fright
Torts - Negligence - Liability For Injuries Caused By Fright
Michigan Law Review
Plaintiff's testatrix, a passenger in an automobile which collided with a machine negligently operated by defendant, suffered no serious physical injuries from the collision. However, "within a few minutes after the accident, she stepped from the automobile and started to write down the defendant's name and license number," but, due to her fright, she fainted and fell, fractured her skull, and died. Judgment for plaintiff was affirmed in the appellate division. The New York court of appeals held that the judgment should be affirmed, and upheld the trial court in its refusal to instruct the jury that it must find …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Conflict Of Laws-Right Of Action For Foreign Tort
Conflict Of Laws-Right Of Action For Foreign Tort
Michigan Law Review
Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …
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.
Constitutional Law-Action For Personal Injury As Property
Constitutional Law-Action For Personal Injury As Property
Michigan Law Review
In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …
Negligence-"Last Clear Chance" Doctrine
Negligence-"Last Clear Chance" Doctrine
Michigan Law Review
ln an action for damages by a negligent driver oi a motorcycle against a negligent driver of an automobile for injuries sustained in a collision between them, the instructions to the jury were that the plaintiff could recover, "if it be shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the plaintiff's negligence." Held, the instructions are erroneous in omitting the essential element of the last clear chance doctrine, that the plaintiff's peril must have been known to the defendant in time to have avoided the accident. Graybill v. Clancy …
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-
Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party
Torts-Negligence-Bailee's Negligence As A Bar To An Action By The Bailor Against A Third Party
Michigan Law Review
The plaintiff's son borrowed the plaintiff's automobile for an evening's pleasure trip in which the plaintiff had no interest. While on this trip, the automobile was damaged as a result of the negligence of the defendant and the driver of the plaintiff's automobile. Held, the relation of the plaintiff to his son was that of bailor and bailee, but that the negligence of the bailee could not be imputed to the bailor so as to bar recovery for the damage to the automobile in an action against the negligent defendant. Robinson v. Waffen (Me. 1930) 151 Atl. 10.
Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue
Torts--Joint Tort-Feasors-Release Or Covenant Not To Sue
Michigan Law Review
Plaintiff was injured while she was a passenger in a taxicab as a result of a collision of the cab with a motor truck. After starting a suit against the taxicab company, plaintiff signed a written agreement, whereby, in consideration of the payment to the plaintiff of $1,032.40 by the cab company, plaintiff agreed not to prosecute any suit pending, nor to file any suit against the cab company for any damage growing out of the collision, and to pay all costs in the said pending suit. The agreement also declared that the promise of the plaintiff should in no …
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile
Michigan Law Review
After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.