Law Commons^™

Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.

Maryland Law Review

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

Torts - Strict Liability For Defective Products, Salvatore J. Cucinotta

Duquesne Law Review

The Pennsylvania Supreme Court has adopted the Restatement 2d, Torts, Section 400, which provides that "one who puts out as his own product a chattel manufactured by another is subject to the same liability as though he were its manufacturer." Strict liability now applies, not only to the manufacturer of defective products unreasonably dangerous, but also to distributors of such products.

Forry v. Gulf Oil Corporation, 428 Pa. 334, 237 A.2d 593 (1968).

Battery In Medical Torts, Don S. Smith

Cleveland State Law Review

The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.

Title Insurance Aspects Of Tort Liability, Dean T. Lemley

Cleveland State Law Review

By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.

Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii

Cleveland State Law Review

The purpose of this article is to determine the factors which currently persuade courts to set aside releases under the doctrine of mutual mistake. Therefore, cases involving fraud, misrepresentation, overreaching, or unilateral mistake are outside the scope, except as they shed light on the doctrine's application. We shall consider first those cases where there is thought to be no personal injury at the time of releasing, and then those where some personal injury is known, but where it could be said that there exists a material unknown injury. Let it be noted that, as will be shown, if the releasor …

Ill Treatment As The Cause Of Suicide, William Weaver

Cleveland State Law Review

This paper attempts to summarize the law with respect to the liability of one whose ill treatment of another ultimately results in the suicidal death of such other.

Delay In Delivery Of Cadaver To Next Of Kin, Lawrence S. Grean, Paul Hesse

Cleveland State Law Review

The general rule is that mental suffering alone, caused by mere negligence, is non-compensable. While a majority of courts seem to hold that damages may be awarded when physical injuries result from mental anguish, even though no "impact" (contact) is involved, in most states the requirement of physical injury appears steadfast. One notable exception to this rule, however, can sometimes be found in the law relating to cadavers. Briefly stated, it holds that mental anguish suffered by the next of kin, resulting from interference with the body of the deceased, is sufficient basis for compensation, irrespective of contemporaneous physical injury. …

Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston

Cleveland State Law Review

The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.

Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner

Cleveland State Law Review

Today, automobile accidents constitute a major source of actions at law for negligence. Some of these mishaps may have sudden illness of the motor vehicle operator as the primary or contributing cause. The purpose of this note is to examine the question of sudden illness and its possible value as a defense when negligence is charged against an automobile driver.

Laboratory Accident Liability: Academic And Industrial, Thomas M. Schmitz, Ralph K. Davies

Cleveland State Law Review

Educational institutions are not expected to be insurers of a student's safety; however, schools must exercise that degree of care required to avoid a negligent disregard of the potential dangers inherent in academic chemical experimentation. Industry must likewise exert due care to avoid unnecessary exposure of the industrial chemist to unreasonable dangers. Injuries sustained in the industrial research laboratory may be recoverable under workmen's compensation statutes or under tort law. The industrial chemist assumes a limited risk, but he does not assume the perils of his employer's negligence.

Brake Failure As Negligence Per Se, Otto J. Danker

Cleveland State Law Review

Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.

Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem

Cleveland State Law Review

This article examins the liability of an abutting land owner or possessor, making special use of a public sidewalk, for injuries received by persons while on the sidewalk. An abutting owner is defined as "an owner of land which abuts, adjoins or is in close proximity." The definition includes the owner or possessor of property which abuts or adjoins land which legally constitutes a public right of way.

Landlord's Liability For Ice And Snow, Michael R. Gareau

Cleveland State Law Review

The relation of landlord and tenant creates rights and liabilities for each. The landlord who rents a part of his premises and retains a portion thereof which is used in common by all of the tenants is deemed to have retained control of such portion and a duty is imposed upon him to keep it in a reasonably safe condition.Since the landlord has the obligation to keep the common ways in a reasonably safe condition, the question arises whether or not this obligation is imposed upon a landlord where the common areas are rendered unsafe due to accumulations of ice …

Covenant To Repair As Evidence Of Landlord's Control, Edmund Button

Cleveland State Law Review

An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.

Warsaw Convention: Treaty Under Pressure, Jay Levine

Cleveland State Law Review

The major United States and foreign airlines have agreed to absolute liability for provable damages up to $75,000 for injury or death of passengers on Warsaw Convention flights to, from, or stopping in, the United States. For the vast majority of Americans on international flights, the Agreement disposes of the Convention's liability limit of $8,300.3 And the Lisi opinion of the Second Circuit may make the Convention a dead letter for accidents occurring before the Agreement.

Police Tort Liability For Defamation, John Maxey

Cleveland State Law Review

There are many communications an officer of the law makes during the discharge of his duty. Some of these statements are made to other officers, some to the public, some to prisoners, and some to those whose aid they are soliciting in the course of their duty. Many statements which an officer makes during a day would definitely be slanderous, except for a degree of privilege which is accorded to policemen.

Municipal Immunity In Police Torts, Carol F. Dakin

Cleveland State Law Review

This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …

Employer's Liability For Employee He Was Compelled To Hire, James Balph

Cleveland State Law Review

Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …

Res Ipsa Loquitur In Joint Tortfeasor Cases, William B. Nagy

Cleveland State Law Review

Generally it has been held that the doctrine of res ipsa loquitur is not applicable against multiple defendants where it is not shown that their liability was joint or that they were in joint or exclusive control of the injury-producing factor, or where the specific wrongdoer, among several possible, was not identified. A fundamental principle of res ipsa loquitur is that it is available to a plaintiff only when it operates substantially to identify the probable wrongdoer in a given situation. Conversely, the doctrine has been held applicable against multiple defendants where they are properly charged as joint tortfeasors on …

Torts - Damages - "Wrongful Life", Robert C. Hillen

Duquesne Law Review

The Supreme Court of New Jersey holds that negligent failure to advise of possible birth defects causing parents to forego option of abortion is not actionable by child or parents.

Gleitman v. Cosgrove, 49 N.J. 22, 227 A.2d 689 (1967).

The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer

Villanova Law Review

No abstract provided.

Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie

Innis Christie Collection

In the course of his judgement in the Posluns case Gale J., now the Chief Justice of the High Court of Ontario, thus defined the tort of inducing breach of contract. The Posluns case was an action by a stockbroker against the Toronto Stock Exchange, but it is in the context of trade disputes, especially in cases of picketing, that the tort of inducing breach of contract is significant in Canada. In the confused fact situations arising out of trade disputes Canadian courts have not always been as careful as was Gale J. to identify each of the elements of …

Torts--Negligence--Freedom From Illegitimate Birth, Robert K. Wood

Kentucky Law Journal

No abstract provided.

Torts--Negligence-Violation Of An Administrative Regulation As Negligence Per Se, Gary E. Conn

Kentucky Law Journal

No abstract provided.

Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Babcock V. Jackson In Kentucky: Judicial Method And The Policy-Centered Conflict Of Laws, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

Kentucky's Invasion Of Privacy Tort--A Reappraisal, W. Thomas Bunch

Kentucky Law Journal

No abstract provided.

Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review

Michigan Law Review

In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.

Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott

Faculty Scholarship

Spurred by the implementation of plans in Great Britain, New Zealand, and California; and by various other federal and state proposals, the concept of state compensation to victims of violent crimes has recently become the subject of wide public interest and intensive legal debate. In essence, the concept envisages some scheme by which the victims of crimes of violence can be compensated for any losses resulting from their criminally inflicted injuries.

Before any proposals based on this conception are adopted they should be shown to have a valid theoretical framework, supported by sound legal principles, with an effective and efficient …