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Articles 1 - 20 of 20
Full-Text Articles in Law
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing Harry A. Gair and A.S. Cutler, Negligence Cases: Winning Strategy, Prentice-Hall, Inc., 1957 and Leon Green, Wex S. Malone, Willard H. Pedrick, James A. Rahl, Cases on the Law of Torts, West Publishing Company, 1957
Book Review, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Welcome D. Pierson, Editor-in-Chief, Defense Law Journal, Allen Smith Co., 1957 and The Defense Attorney and Basic Defense Tactics, Bobbs-Merrill Co., 1956
Product Warranty Liability, Lee E. Skeel
Product Warranty Liability, Lee E. Skeel
Cleveland State Law Review
Much has been said about the liability of a manufacturer to a sub-purchaser for injuries caused by his products. Actions against manufacturers, if based on the theory of negligence, offer obvious difficulties of proof. Actions based on implied or even express warranties often are defeated by lack of contract privity. There is however, a widespread misconception of the true nature of warranty. This misconception must result in unjust decisions in some cases. It therefore is desirable that the true nature of warranty be analyzed. Such analysis may disclose the proper relation of an express or implied warranty to the injury …
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
Cleveland State Law Review
This paper deals with court decisions on liability claims for injuries to the mind rather than for broken bones alone. This subject now is as important to practitioners and students of the law as it long has been to medical men. Much medical knowledge is now reflected in new interpretations by the courts, so that today the legal fact is established that a person's emotional security as well as his physical security must be protected and compensated. The author's purpose is to focus attention on the developments of recent years as well as those of earlier times, and to demonstrate …
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
Cleveland State Law Review
This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.
Whiplash - Defense Counsel's View, Harley J. Mcneal
Whiplash - Defense Counsel's View, Harley J. Mcneal
Cleveland State Law Review
Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average …
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Fowler V. Harper and Fleming James, Jr., The Law of Torts, Little, Brown & Company, 1956
Federal Tort Claims Act Summarized, Russell E. Ake
Federal Tort Claims Act Summarized, Russell E. Ake
Cleveland State Law Review
To attempt a brief summary of the Federal Tort Claims Act may be likened to an attempt to explain atomic energy in ten words. But such a summary may be of some usefulness to our esteemed adversaries - the plaintiff's counsel in FTCA cases. Like most statutes, both state and federal, the text of this Act is encompassed within a few paragraphs. Then there follows a welter of interpretations, exceptions, and constructions. However, I shall attempt to hit the high spots and see if we can't come at least to a general understanding of what it's about and what it …
Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel
Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel
Cleveland State Law Review
The practical aspects of instructing a jury that the amount of its verdict in a personal injury case is exempt from federal income taxation, of course, relate to the trend of the times. Jury verdicts in personal injury cases throughout the United States have been increasing in amount due to the booming economy of our times and the inflation of the dollar.
Hospital Immunity, Ellis B. Brannon
Hospital Immunity, Ellis B. Brannon
Cleveland State Law Review
An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …
Consent To Surgical Procedures, Carl E. Wasmuth
Consent To Surgical Procedures, Carl E. Wasmuth
Cleveland State Law Review
Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.
Reforms Needed In Negligence Practice, Howard L. Oleck
Reforms Needed In Negligence Practice, Howard L. Oleck
Cleveland State Law Review
Negligence lawyers now often are classed with criminal lawyers, in public opinion, as the "black sheep" of the legal profession. In the minds of many average Americans, there is something vaguely disreputable about lawyers who specialize in plaintiffs' personal injury practice. Nor is defense practice deemed to be without blemish. That public opinion now is so well established, rightly or wrongly, that it no longer can be ignored.
Tort Liability For Death By Poisoning, Lawrence Landsroner
Tort Liability For Death By Poisoning, Lawrence Landsroner
Cleveland State Law Review
Liability in deaths resulting from accidental ingestion of harmful material, toxic food, or drug product often is difficult to ascertain. Lack of compliance with the Federal Food and Drug Statutes, or with the State or Municipal Code, often is the critical problem. Determination of liability in these cases usually rests on one of three major bases, in cases involving manufacturers and distributors: (a) That the product is improperly labeled. (b) That it is not labeled in compliance with the municipal, state or federal laws. (c) That it is an inherently dangerous product. If any one of these bases is established, …
Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart
Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart
Cleveland State Law Review
The scope of possible legal problems involved in the existence of this physical and mental dysfunction caused by premenstrual is very wide. For the sake of brevity the writer would like to separate the discussions of criminal and civil responsibility, and make this initial study one which is specifically limited to the civil rights and liabilities of women involved in automobile accidents. It is emphasized that the effects of premenstrual tension in torts are not as clearly pertinent as they are in crimes. But they are pertinent.
Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris
Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris
Cleveland State Law Review
On July 18, 1956, the Supreme Court of Ohio handed down its decision in the case of Avellone v. St. John's Hospital, reversing nearly fifty years of Ohio law and repudiating the limited immunity doctrine as it had heretofore existed. This monumental decision raises two questions of extreme importance which seem to be left unanswered and which will unquestionably be the subject of further litigation. Those questions are: 1. Is the scope of the Avellone decision limited solely t ohospitals or are all charities deprived of immunity? 2. Has Ohio adopted the New York Rule?
Appeasement Of Tort Claimants, S. Burns Weston
Appeasement Of Tort Claimants, S. Burns Weston
Cleveland State Law Review
Justice does not always mean that a case should be tried. By the same token, justice does not always mean that every case should be settled without trial. One of our difficulties is that too often there is more interest in the expedient settlement of differences between litigants than in a judicial determination of rights according to principles of law.
Investigation Of Negligence Claims, Martin J. Welsh
Investigation Of Negligence Claims, Martin J. Welsh
Cleveland State Law Review
Actual investigations of negligence claims do not differ in very many respects, whether you investigate for the plaintiff's or the defendant's side. The attorney, after getting a complete set of facts from his client, and the details of the accident as his client saw it, then must determine whether or not he has a sound case.
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
Cleveland State Law Review
Law implies from the employment of a doctor contract that the doctor will diagnose and treat his patient with that degree of skill and learning which is possessed by the average member of his profession in the community in which he practices. A doctor licensed to practice is presumed to possess such skill and learning. He does not incur liability for his mistakes if he has used methods, in his diagnosis and treatment, recognized and approved by the average member of the medical profession practicing in his community. A doctor's negligence in departing from the standard of practice in his …
Agency Problems In Motor Carrier Cases, Craig Spangenberg
Agency Problems In Motor Carrier Cases, Craig Spangenberg
Cleveland State Law Review
Some special considerations apply to the problems of agency in cases involving motor carriers. The questions here presented are viewed in the light of the operating practices which obtain in the industry. Relatively few tractor-trailer or truck trailer outfits are owned by the certified carrier. The equipment is usually owned by an individual, who may drive it himself as an owner-driver; or may hire his own driver and lease the equipment and driver together to the carrier. The lease may be for a single movement only, covering one trip from a stated origin to a stated terminal; or may be …
Book Review, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Melvin M. Belli, Ready for the Plaintiff, Henry Holt and Company, 1956