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Full-Text Articles in Law
Torts—Gross Negligence Under The Guest Statute, Dwayne Copple
Torts—Gross Negligence Under The Guest Statute, Dwayne Copple
Washington Law Review
The first definitive interpretation of "gross negligence" within the meaning of the 1957 amendment to the Host-Guest Statute has been given by the Washington court in the case of Crowley v. Barto.
Torts—Assumption Of Risk, Virginia A. Oldow
Torts—Assumption Of Risk, Virginia A. Oldow
Washington Law Review
In Siragusa v. Swedish Hospital the Washington Supreme Court abolished the assumption of risk defense in suits brought by employees against their employers. Overruling prior decisions that were inconsistent, the court held that an employer has a duty to exercise reasonable care to provide his employees with a reasonably safe place to work, and may not assert as a defense to an action based on his breach of that duty, that the injured employee was aware or should have known of the negligently maintained condition. The court adopted the position of the Missouri and North Carolina courts that the employee …
Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces
Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces
Washington Law Review
Until recently, a plaintiff who had suffered emotional injury normally had to show an accompanying physical harm in order to maintain a successful action for damages. His ability to recover for severe emotional distress unaccompanied by physical injury is being recognized by an increasing number of jurisdictions. The current situation is marked by the unsettled nature of the law. Reluctance to grant relief for such an injury has been based upon a desire to avoid not only fictitious claims, but also the litigation of trivialities and bad manners. However, even before this change in attitude by the courts, if some …
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Washington Law Review
Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Washington Law Review
The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Washington Law Review
No abstract provided.
Torts—Intersection Collisions—Deception, Robert L. Beale
Torts—Intersection Collisions—Deception, Robert L. Beale
Washington Law Review
The invitation to litigation issued by the Washington court when it decided Martin v. Hadenfeldtin 1930 was again accepted by counsel in Chavers v. Olad.
Torts—Nuisance Per Se, L. William Houger
Torts—Nuisance Per Se, L. William Houger
Washington Law Review
Macy v. Chelan perpetuated the confusion which has long existed about the concept of nuisance per se.
Torts—Prenatal Injury, Beverly Rosenow
Torts—Prenatal Injury, Beverly Rosenow
Washington Law Review
Seattle-First National Bank v. Rankin is the first Washington case allowing recovery for injuries suffered before birth because of negligence. By recognizing a cause of action for prenatal injuries, this jurisdiction joins the trend of recent decisions in the area.
Torts—Unavoidable Accident Instruction, L. William Houger
Torts—Unavoidable Accident Instruction, L. William Houger
Washington Law Review
Cooper v. Pay-N-Save Drugs, Inc., and Schultz v. Cheney School Dist. concerned the use of the unavoidable accident instruction by trial courts. The court held that the giving of the instruction was error in the Cooper case but not error in the Schultz case.