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Articles 61 - 89 of 89
Full-Text Articles in Law
Consent To Operative Procedures, Robert E. Powell
Consent To Operative Procedures, Robert E. Powell
Maryland Law Review
No abstract provided.
Recent Arm And Hand Damage Awards, Robert M. Hisnay
Recent Arm And Hand Damage Awards, Robert M. Hisnay
Cleveland State Law Review
The ever-present question to be answered in personal injury cases, other than liability of course, is the measure of damages to which the plaintiff is entitled. Where the plaintiff has been left with a permanent total, or permanent partial disability, such disability must be properly evaluated and transformed into an element of a money award for damages in order that adequate compensation will be received by the injured party. The problem of evaluating a permanent disability of the arm or hand is as medically complex as the multiplicity of functions which the member performs.
Admission Of Liability, Richard H. Burgess
Admission Of Liability, Richard H. Burgess
Cleveland State Law Review
There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Cleveland State Law Review
The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Cleveland State Law Review
Many personal injury cases that appear on court calendars, as well as many not filed, are settled before trial. Settlements usually involve payment by the alleged wrongdoer in consideration of a release executed by the injured party. As for the alleged wrongdoer, this act settles the conflict in that the releasor has bargained away his legal remedy. As for the releasor, compensation for the injury was his objective. Sparse authority to the contrary, a release constitutes a contract, the validity of which can be affected by fraud, duress or mistake. Generally, one need not go into equity and pray for …
Torts--Infants--Right Of Action In Negligence Permitted By Unemancipated Infant Against His Unemancipated Brother, Philip Taliaferro Iii
Torts--Infants--Right Of Action In Negligence Permitted By Unemancipated Infant Against His Unemancipated Brother, Philip Taliaferro Iii
Kentucky Law Journal
No abstract provided.
Torts--Nuisance--Interference With The Flow Of Surface Water, Thomas H. Burnett
Torts--Nuisance--Interference With The Flow Of Surface Water, Thomas H. Burnett
Kentucky Law Journal
No abstract provided.
Loss Of Consortium To Wife Caused By Negligence Of Third Party, William M. Dishman Jr.
Loss Of Consortium To Wife Caused By Negligence Of Third Party, William M. Dishman Jr.
Kentucky Law Journal
No abstract provided.
Double Derivative Suits And Other Remedies With Regard To Damaged Subsidiaries, William H. Painter
Double Derivative Suits And Other Remedies With Regard To Damaged Subsidiaries, William H. Painter
Indiana Law Journal
No abstract provided.
Newspaper Interference In Judicial Proceedings, John Vamis
Newspaper Interference In Judicial Proceedings, John Vamis
Cleveland State Law Review
Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …
Recent Leg Damage Awards, Doris Hauth
Recent Leg Damage Awards, Doris Hauth
Cleveland State Law Review
Injuries to the leg include fractures of the various bones of the leg (tibia, femur and fibula), fractures of the foot, ankle, knee or hip, and amputation of one, both, or a part of the leg. This article includes a digest of cases arising in the last five years involving leg injuries. The facts in each case are briefly stated and the damage award specified.
Recent Head Damage Awards, Eileen Kelley
Recent Head Damage Awards, Eileen Kelley
Cleveland State Law Review
Head trauma is responsible for more litigation than any other single bodily mechanical damage. Belli ranks brain injuries second only to the back and spine in producing permanent and crippling disabilities.
Recent Eye Damage Awards, Margaret Mazza
Recent Eye Damage Awards, Margaret Mazza
Cleveland State Law Review
Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.
Recent Back Damage Awards, Carl H. Miller
Recent Back Damage Awards, Carl H. Miller
Cleveland State Law Review
Injuries to the human back have long perplexed the legal world. This is especially true of the soft tissue area of the back, where objective medical tests give way to the vagueness of a "sprained" muscle, and the court finds itself torn between the desire to adequately compensate an injured plaintiff and the caution that must prevail where objective tests are inadequate. Generally speaking, we will be concerned with that portion of the back that is not skeletal in nature,and though the interaction of the spine with the muscular structure permits little latitude in separating them, we will do so …
Torts - Strict Liability - Landowner Is Liable For Damage Done To Property Of Others By Crop Spraying, Robert J. Jackson
Torts - Strict Liability - Landowner Is Liable For Damage Done To Property Of Others By Crop Spraying, Robert J. Jackson
Villanova Law Review
No abstract provided.
Conflict Of Laws - Wrongful Death Statute - Refusal To Apply Damage Limitation Of Foreign Wrongful Death Statute, Ned W. Manashil
Conflict Of Laws - Wrongful Death Statute - Refusal To Apply Damage Limitation Of Foreign Wrongful Death Statute, Ned W. Manashil
Villanova Law Review
No abstract provided.
The Basis Of Strict Products Liability, Reed Dickerson
The Basis Of Strict Products Liability, Reed Dickerson
Articles by Maurer Faculty
This paper was presented before the Division of Food Drug Cosmetic Law, Section of Corporation, Banking and Business Law of the American Bar Association at the Annual Meeting in St. Louis, August 9. It Is a companion paper to "Restatement or Reformation?" by William J. Condon, which appeared in the August, 1961 issue of this magazine. Mr. Dickerson Is Professor of Law at Indiana University and author of Products Liability and the Food Consumer.
The Expanding Risks Of Products Liability, Reed Dickerson
The Expanding Risks Of Products Liability, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Cleveland State Law Review
It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Cleveland State Law Review
The cloak of immunity that the insurance companies wear, and the fact that recently a trend has been noticed encouraging settlements, results in attorneys, finding their just fees diminished by the interference of third persons not in privity with the attorney-client contract, being compelled to find other means of redressing the wrongs thus perpetrated against them.
Recent Spine Damage Awards, Sheldon E. Baskin
Recent Spine Damage Awards, Sheldon E. Baskin
Cleveland State Law Review
Spinal injuries generally include trauma to the vertebrae, the intervertebral discs and the ligaments which serve to hold the spinal column together. For the purpose of avoiding duplication this paper will confine itself to the subjects of fractures and dislocations of the vertebrae, injuries to the discs and direct injuries to the spinal cord, excluding discussion of soft tissue back injuries and injuries of the cervical or neck area generally referred to as whiplash injuries.
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Cleveland State Law Review
It is submitted that where there is fair dealing on the part of plaintiff's attorney and insurance company, a great deal of needless expense to both will have been eliminated enabling insurance companies to handle their claims and lawsuits with fewer personnel and smaller defense fees. And plaintiff's attorneys on their part, will be able to bring to conclusion more work during the course of a year; and where a staff is required, they will be able to operate with fewer personnel. The result to the plaintiff's attorney will be an increase in net income and perhaps more time for …
Recent Whiplash Damage Awards, Esther Weissman
Recent Whiplash Damage Awards, Esther Weissman
Cleveland State Law Review
In viewing more than 100 recent appellate cases concerning whiplash, one is struck by the lack of any definite standard or pattern of awards.
Libel And Slander - Disparagement Of Product - Expanding Protection Against Trade Libel, James G. Lepis
Libel And Slander - Disparagement Of Product - Expanding Protection Against Trade Libel, James G. Lepis
Villanova Law Review
No abstract provided.
Torts--Conclusive Presumption That Attractive Nuisance Doctrine Is Of No Benefit At Age Fourteen, Howard Downing
Torts--Conclusive Presumption That Attractive Nuisance Doctrine Is Of No Benefit At Age Fourteen, Howard Downing
Kentucky Law Journal
No abstract provided.
Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.
Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.
Michigan Law Review
A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Michigan Law Review
Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Michigan Law Review
Husband purchased a new automobile from a dealer. The contract of sale contained on its reverse side an express warranty from the manufacturer to the "original purchaser" providing for the replacement of any parts which were returned to the manufacturer and were in its judgment defective. The warranty was " ... expressly in lieu of all other warranties expressed or implied .... " The dealer warranty was substantially identical to that extended by the manufacturer; both adhered to the form prescribed by the Automobile Manufacturer's Association. Shortly after the delivery of the automobile, wife was injured in a collision caused …
Blood Transfusion Liability, James A. Thomas
Blood Transfusion Liability, James A. Thomas
Cleveland State Law Review
This paper is concerned with the causes of action available to the recipients of blood transfusions causing injury or death. Its scope is limited to cases where injury or death is caused by the blood itself, as where a transfusion is given with blood which is of the wrong type, or which is infected, or which is given to the wrong person.