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Full-Text Articles in Law
Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon
Washington Law Review
In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Washington Law Review
Warner arose out of the death of a twenty-one year old college student. Alleging that the death was caused by improper diagnosis and care and by administration of unsafe drugs, her parents, individually, and her father, as administrator of her estate, brought suit for damages against the doctor, hospital, and pharmaceutical company on the grounds of negligence and breach of warranty. The parents' individual claims were dismissed because the parents were not dependents of the decedent, but the estate's claim was entertained. One of the items of damage claimed by the estate was "disability in consequence of a medical condition" …
Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon
Washington Law Review
Plaintiff suffered a totally disabling back injury in an industrial accident. His insurance policy with the defendant company provided for benefits of $150 per month for thirty years for total disability due to injury. But if the disability were due to sickness, the benefits were to continue for only two years. The defendant had received extensive medical information confirming the accidental cause of the disablement. To avoid full payment, however, it attempted to pay under the limited two-year sickness provision, then stopped payments altogether, fabricated a story about a previously existing condition and demanded return of the payments it had …