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Articles 1 - 25 of 25
Full-Text Articles in Law
Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School
Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Hypertensive Brain Bleed in a 10 year old with Undiagnosed Kidney Disease
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon
Pepperdine Law Review
No abstract provided.
Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler
Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler
Law Faculty Scholarly Articles
The term "consortium" has been defined as "[t]he benefits that one person . . . is entitled to receive from another, including companionship, cooperation, affection, aid, [and] financial support." Under Kentucky law, "[e]ither a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Furthermore, "[in] a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority…” In Giuliani v. …
Khalifa V. Shannon: How Much Interference Is Too Much When It Comes To A Tort For Interfering With The Parent-Child Relationship?, Beth Rosenberg
Khalifa V. Shannon: How Much Interference Is Too Much When It Comes To A Tort For Interfering With The Parent-Child Relationship?, Beth Rosenberg
Maryland Law Review Online
No abstract provided.
Lies Between Mommy And Daddy: The Case For Recognizing Spousal Emotional Distress Claims Based On Domestic Deceit That Interferes With Parent–Child Relationships, Linda L. Berger
Scholarly Works
This Article discusses whether courts should recognize spousal IIED causes of action based on intentional lies that interfere with the establishment or the continuation of parent-child relationships. The Article begins with an overview of the currents in family law and tort law that converge in domestic tort actions. Next, it reviews the current status of a particular domestic tort: spousal emotional distress. It then examines the evolution of emotional distress claims based on interference with parent-child relationships, moving from California's early and continuing rejection of these claims to the very recent recognition of these claims by other states. Finally, it …
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Seattle University Law Review
The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Seattle University Law Review
This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.
Kentucky Law Survey: Torts, Richard C. Ausness
Kentucky Law Survey: Torts, Richard C. Ausness
Law Faculty Scholarly Articles
This article provides a survey of Kentucky legal developments in the area of tort law. The topics covered in this discussion include: negligence per se, res ipsa loquitur, the legal duty of a land owner, parental liability for the acts of children, the last clear chance doctrine, products liability, private nuisance, and public nuisance.
Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.
Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.
Michigan Law Review
Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.
Negligence - Breach Of Duty - Standard Of Care Required Of Infant Defendants, Dale Van Winkle
Negligence - Breach Of Duty - Standard Of Care Required Of Infant Defendants, Dale Van Winkle
Michigan Law Review
One of the defendants, a child four years and eight months of age, while playing with infant plaintiff, threw a stone which struck a bottle near where plaintiff was standing. A chip of glass Hew from the bottle into the eye of plaintiff, resulting in injury. The action was brought by infant plaintiff's father individually and as guardian ad litem against infant defendant's father individually and as guardian ad litem. The trial court denied infant defendant's motion for summary judgment. On appeal, held, reversed and remanded with directions to dismiss the complaint as to infant defendant. The authorities do …
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 …
Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young
Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young
Michigan Law Review
Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which …
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Michigan Law Review
Plaintiff, as administrator, brought an action to recover for the death and conscious suffering of plaintiff's intestate, allegedly injured, while a viable child within her mother's womb, by the tortious act of the defendant. Defendant's demurrer to the declaration was sustained. On appeal, held, affirmed. Neither the infant nor its personal representative has a cause of action for prenatal personal injuries. Bliss v. Passanesi, (Mass. 1950) 95 N.E. (2d) 206.
Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.
Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.
Michigan Law Review
Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent …
Child's Right Of Action For Prenatal Injuries
Torts-Liability Of Land And Chattel Owner To Third Party For Acts Of Infant Trespasser, T. L. Tolan
Torts-Liability Of Land And Chattel Owner To Third Party For Acts Of Infant Trespasser, T. L. Tolan
Michigan Law Review
Defendant left on his land tractors which could easily be started by children in the neighborhood who, defendant knew, frequently trespassed and played on the machines. A boy of ten inadvertently started one of the machines and then jumped to safety, but the tractor proceeded through a building on defendant's land, down a hill, across a street, and into and through the plaintiff's house a block away, causing the damage for which she sues. The trial court charged that to justify recovery for the plaintiff the jury must find not only that defendant was negligent, and that his negligence was …
Torts-The Duty To Rescue-"Am I My Brother's Keeper?
Torts-The Duty To Rescue-"Am I My Brother's Keeper?
Michigan Law Review
A recent case, decided by the Supreme Court of Indiana, and commented upon elsewhere in this issue, involved the interesting question as to the existence of a duty to go to the aid of a person who is in helpless peril through no initial fault on the part of the defendant.
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Michigan Law Review
The administrator of a deceased infant brought an action under the Massachusetts death statute to recover for the death of the child. Death was caused by the negligence of defendant's servant, the father of the deceased. Defendant contended that plaintiff should not prevail because the father, as one of the next of kin sharing in the distribution of the money recovered, would thereby profit from his own wrong. Held, the Massachusetts death statute was penal in nature, and since there was at least one beneficiary whose fault did not contribute to the wrongful death, recovery could be had without …
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Michigan Law Review
The infant plaintiff, during the dismissal of her class, was pushed or thrown from an exterior stairway by a fellow pupil. As a consequence she sustained personal injuries. She sued the city, the board of education, the principal of the school, and the teacher. Held, that whether the principal was negligent in failing to promulgate more adequate regulations for the safe discharge of the pupils was a question of fact for the jury. Thompson v. Board of Education of City of New York, 255 App. Div. 786, 6 N. Y. S. (2d) 921 (1938).
Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review
Negligence - Duty Of Storekeeper - Injuries To Customer From Acts Of Third Parties, Michigan Law Review
Michigan Law Review
Plaintiff, a customer in defendant's store, was injured when, as she reached the intersection of two aisles, she was struck by a child riding a tricycle which belonged to defendant. There was no proof that defendant customarily permitted children to ride the tricycles displayed for sale; nor was it shown that defendant had authorized its use on this occasion. Held (two judges dissenting), defendant not liable. Barnes v. J. C. Penney Co., 190 Wash. 633, 70 P. (2d) 311 (1937).
Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review
Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review
Michigan Law Review
A statute provided "No action shall be maintained by any person . . . against any city" unless the person injured filed notice of claim within three months after the injury. The plaintiff, an infant sixteen years of age, was injured when he fell into an unlighted, unguarded opening in a sidewalk at the city's memorial building, which the city had rented for the evening in question to a boy scout group of which plaintiff was a member. No statutory notice was filed. The court held the statute created a mandatory condition precedent, applying to infants as well as adults, …
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
Michigan Law Review
The minor plaintiff, a child of seven, sued to recover damages for personal injuries received while playing upon defendant's road scraper which had been parked near a playground in a vacant lot belonging to a stranger. Held, that the defendant was under a duty to guard against danger of injury to children by tying fast the operating mechanism with a rope, and the plaintiff, even though a trespasser, is entitled to recover. "The defense of no liability to a trespasser is personal to the owner of the premises trespassed upon; it does not inure to the benefit of strangers …
Torts - Prenatal Injuries To Infants, Frank B. Stone
Torts - Prenatal Injuries To Infants, Frank B. Stone
Michigan Law Review
This was an action by the administrator under the survival act. Decedent's mother while a passenger on the defendant's street-car was injured through negligence of an employee. Decedent thus suffered prenatal injuries to his skull from which he died three months after birth. The birth occurred 22 days after the accident and after a normal period of gestation. Held, there is no liability to an infant for prenatal injuries and therefore no cause of action existed in the child or survives to the administrator. Newman v. City of Detroit, 281 Mich. 60, 274 N. W. 710 (1937).
Negligence - Contributory Negligence - Infant Plaintiff's Violation Of Statute, Wayne E. Babler
Negligence - Contributory Negligence - Infant Plaintiff's Violation Of Statute, Wayne E. Babler
Michigan Law Review
A nine-year old boy, who ran out into the street without looking in both directions, and thus violated a statute, was injured by an automobile the driver of which was allegedly negligent. Held, it is not negligence as a matter of law for a nine-year old boy to step into the street without looking both ways, notwithstanding the penal statute. Michalsky v. Gaertner, 53 Ohio App. yr, 5 N. E. (2d) 181 (1937).