Law Commons^™

Torts, Hardy Gregory Jr.

Mercer Law Review

No abstract provided.

Torts--Emotional Distress--Georgia Continues To Cling To The Impact Rule, Wallace Miller Iii

Mercer Law Review

In Strickland v. Hodges, the Georgia Court of Appeals held that there is no independent right of action in a parent for emotional harm suffered upon witnessing the extent of the injury his child has sustained as a result of a defendant's wilful and wanton negligence. An eleven year old girl suffered serious injuries arising out of a collision between the automobile in which she was riding and an automobile negligently operated by the defendant while admittedly under the influence of intoxicants. Although the child's parents were not present at the time of the accident, they became aware of …

The Abolishment Of Contributory Negligence As A Defense In North Carolina, Julian T. Pierce

North Carolina Central Law Review

No abstract provided.

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Torts Process, Peter N. Swan

Indiana Law Journal

No abstract provided.

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Negligent Infliction Of Emotional Harm To Bystanders - Should Recovery Be Denied., Lawrence E. Likar

St. Mary's Law Journal

Abstract Forthcoming.

Williamson V. Memorial Hospital, 307 So. 2d 199 (Fla. 1st Dist. Ct. App. 1975), Linda Jones Wells

Florida State University Law Review

Products Liability- BLOOD TRANSFUSIONS- "IMPLIED WARRANTY" ACTION AGAINST BLOOD SUPPLIERS REQUIRES SHOWING OF DETECTABLE DEFECT AND NEGLIGENCE.

Torts--Medical Malpractice--Sources Of A Physician's Standard Of Care: The Medical Profession Or The Courts--Helling V. Carey

BYU Law Review

No abstract provided.

Torts --Attractive Nuisance--New Rationale For Refusing To Extend Liability For Injuries Caused By Natural Conditions--Loney V. Mcphillips

BYU Law Review

No abstract provided.

Remedies--Private Nuisance--Comparative Injury Doctrine In West Virginia, Gerard R. Stowers

West Virginia Law Review

No abstract provided.

Fact Of Possible Future Inflation Will Not Be Included In The Calculation Of Future Damages., Susan B. Biggs

St. Mary's Law Journal

Abstract Forthcoming.

Scheme To Defame Political Candidate Coupled With Unreasonable Headlines Is Evidence Of Actual Malice., John Powell Covington

St. Mary's Law Journal

Abstract Forthcoming.

Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar

St. Mary's Law Journal

A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent defendant. Third parties, who suffer emotional distress after witnessing someone suffer an injury, lack standing to sue if they themselves suffered no physical injury. Under a pure negligence approach, however, bystanders now have a claim for negligent infliction of emotional distress. Nonetheless, this method of recovery exceeds the scope of the general principles of negligence law. For instance, a secondary reaction to a specific traumatic stimulus is not foreseeable and is heavily dependent upon an individual's prior mental conditioning. The law requires more than mere …

The Constitutionality Of Automobile Guest Statutes: A Roadmap To The Recent Equal Protection Challenges, David K. Detton

BYU Law Review

No abstract provided.

Constitutional Law--Damages For Libel--A New Standard For Recovery Of Damages By Private Individuals Libeled In A Report Of Public Interest--Gertz V. Robert Welch, Inc., Breck H. Barton

BYU Law Review

No abstract provided.

Workmen's Compensation: A Vehicle For Compensating The Good Samaritan, Jeffrey L. Tanenbaum

Buffalo Law Review

No abstract provided.

Recent Cases, Stephen K. Rush, Joseph A. Latham, Jr.

Vanderbilt Law Review

Conflicts of Law--Federal Preemption--Aviation Law

Appellant-defendants, the United States' and a national airline whose plane had been involved in a mid-air collision while under radar direction from the FAA, agreed to a settlement of the resulting actions for wrongful death that had been initiated in various federal district courts and consolidated in the Southern District of Indiana. Appellants then sought indemnity and contribution by cross-claim and third-party complaints against appellee-defendants, the owners of the other plane involved in the collision and the estate of its student pilot. The appellees contended that since no right to indemnity and contribution existed under …

Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.

St. Mary's Law Journal

Since 1854, the United States has followed the English rule regarding ship collision cases: where both vessels involved in a collision are at fault, each party is responsible for one-half of the total damages regardless of its respective degree of blame. At the time, the rule was considered necessary to provide just and equitable results in admiralty litigation. However, the harshness of the rule justifies its disregard in favor of more equitable remedies. The problem with divided damages can be illustrated by the following scenario: a small pleasure craft and an oil tanker collide. The pleasure craft is only slightly …

Vi. Products Liability

Washington and Lee Law Review

No abstract provided.

The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham

Washington Law Review

Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …

Kentucky Law Survey: Torts, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Express Contracts To Cure: The Nature Of Contractual Malpractice, Gary L. Birnbaum

Indiana Law Journal

No abstract provided.

Schools And School Districts -Doe V. San Francisco Unified School District, Tort Liability For Failure To Educate, Belle Lind Gordon

Loyola University Chicago Law Journal

No abstract provided.

Tort Claims As Intangible Property: An Exploration From An Assignee's Perspective, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.