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Full-Text Articles in Law
Should Automakers Be Responsible For Accidents?, Kyle D. Logue
Should Automakers Be Responsible For Accidents?, Kyle D. Logue
Articles
Motor vehicles are among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps opioids. Annual autocrash deaths in the United States have not been below 30,000 since the 1940s, reaching a recent peak of roughly 40,000 in 2016. And the social cost of auto crashes goes beyond deaths. Auto-accident victims who survive often incur extraordinary medical expenses. Those crash victims whose injuries render them unable to work experience lost income. Auto accidents also cause nontrivial amounts of property damage—mostly to the automobiles themselves, but also to highways, bridges, or …
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
Journal of Law and Mobility
This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will …
Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review
Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review
Michigan Law Review
With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.
Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman
Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman
Michigan Law Review
The duty of the driver of an automobile to his nonpaying passenger, and liability arising from the breach of that duty, has long presented a troublesome area of litigation for the courts and the parties involved. Application of standards unsuited for the peculiar risks of automotive transportation has produced inadequate compensation in some cases and excessive recoveries in others. Meanwhile, trial calendars are overcrowded with personal injury litigation, and insurance companies must bear the awards of sympathetic juries and those resulting from collusion between passenger and driver. The over-all expense of this method of determination of liability, far too little …
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Michigan Law Review
A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Michigan Law Review
Plaintiff was a gratuitous passenger in an automobile driven by defendant. Defendant, intending to coast to his destination, turned off the ignition, removed the key, and placed it in his pocket. The removal of the key caused the steering gear to lock, and defendant was unable to avoid a collision with a tree. Plaintiff suffered injuries and brought suit. Evidence was adduced to show that in defendant's type of automobile the steering wheel was so constructed as to lock upon removal of the key. Testimony revealed that defendant understood the general operation of the lock, but that the particular mechanism …
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Michigan Law Review
Plaintiff's fishing vessel was struck and sunk by a practice bomb released from a Marine Corps aircraft. An action was brought against the government under the Federal Tort Claims Act. Plaintiff could produce no proof of negligence on the part of the government. Held, recovery allowed. The doctrine of res ipsa loquitur is applicable. Goodwin v. United States, (E.D. N.C. 1956) 141 F. Supp. 445.
Torts - Guest Statute - Carpools, Ross Kipka S.Ed.
Torts - Guest Statute - Carpools, Ross Kipka S.Ed.
Michigan Law Review
Plaintiff, a passenger, and defendant's decedent, the driver on the day in question, were two of six members of a carpool, each of whom drove every six.th day from the town where they all lived to the place of their common employment, thereby effecting a saving to each of approximately five dollars per week. As a result of a collision due to ordinary negligence of the driver, plaintiff was injured and sued for damages, alleging that he was not a guest passenger. The court submitted to the jury the question of whether plaintiff was a passenger for hire or a …
Negligence - Duty Of Care - Duration Of Status Of "Driver" For Puropses Of Guest Statute, George Kircos
Negligence - Duty Of Care - Duration Of Status Of "Driver" For Puropses Of Guest Statute, George Kircos
Michigan Law Review
Plaintiffs were guests riding in defendant's automobile. Defendant stepped out of the vehicle leaving the motor running, the hand brake unset, and the automatic shift in neutral position. A departing passenger brushed against the gear lever and started the vehicle which struck a wall causing injuries to the plaintiffs. On appeal from judgment adverse to the plaintiffs, held, reversed. Defendant may be held liable for ordinary negligence. California's "guest" statute limiting guests to recovery for injuries sustained by the driver's willful misconduct does not apply in this case, since the defendant ceased to be a driver the moment he …
Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.
Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.
Michigan Law Review
Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
Negligence - Duty Of Care - Effect Of Public Carrier's Financial Capacity On Liability, John E. Riecker S.Ed.
Michigan Law Review
Plaintiff sustained injuries when she fell between defendant's subway car and a platform directly opposite the car door. The cause assigned was the pressure from the closely packed crowd of subway passengers during a rush hour which resulted in plaintiff's being "carried by the crowd" into a position of danger. Defendant had shifted extra guards to the overcrowded area. No evidence of disorderliness or gang action appeared. In an action for damages due to defendant's negligence in failing to control the crowd, held, for defendant. Callaghan v. New York City Transit System, 204 Misc. 236, 125 N.Y.S. (2d) …
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Michigan Law Review
The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.
Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..
Civil Procedure - Service Of Process Under Nonresident Motorist Statute - Effect Of Death Of Nonresident Defendant, Warren K. Urbom S.Ed..
Michigan Law Review
A wife sued for the wrongful death of her husband, which was allegedly caused by a nonresident defendant's negligent operation of his automobile on a Wisconsin highway while the plaintiff's husband was a passenger therein. Service of process was made on the Commissioner of the Motor Vehicle Department in Wisconsin, and copies of the summons and complaint were mailed to defendant in Illinois in accordance with the Wisconsin nonresident motorist statute. Shortly thereafter, before a judgment was rendered, defendant died. Plaintiff sought to revive the action against defendant's administrator by serving notice of the filing of a petition for revival …
Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge
Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge
Michigan Law Review
The negligence of a taxicab driver in backing his cab into plaintiff's automobile caused the bumpers of the two cars to lock. When plaintiff stepped out to inspect the situation, he was, without provocation, brutally beaten by the cab driver. Plaintiff recovered a judgment of $3,000 against the driver and the cab owner, and sought to garnishee the defendant, an insurance company which had issued to the cab owner a policy of automobile liability insurance. In 1946, when the assault occurred, the Illinois Motor Vehicle Law required the owner of a vehicle for the carriage of passengers for hire to …
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
Michigan Law Review
Plaintiff's decedent, an infant twenty years of age, owned an automobile which was being driven by a lad of seventeen at the request of decedent who, with a girl companion, occupied the rear seat of the automobile. The infant driver did not have a driver's license. Plaintiff, as administratrix of the estate of the decedent brought an action under the Death Act for damages arising from the death of the decedent which occurred as a result of a collision between the automobile and defendant's locomotive. There was evidence bearing upon the defendant's negligence and negligence on the part of the …
Automobiles-Sharing Of Expenses As Evidence Of Joint Adventure-Guest Act, Benjamin Quigg
Automobiles-Sharing Of Expenses As Evidence Of Joint Adventure-Guest Act, Benjamin Quigg
Michigan Law Review
Through a mutual friend, respondents arranged with appellant car owner for transportation to an out-of-town football game, and it was agreed between the parties that the passengers should reimburse the owner for the expenses of transportation and cost of lunch provided by the appellant. After the game the parties decided to drive to another town for dinner; en route the car skidded and overturned as a result of appellant's negligence, and the respondent wife was seriously injured. Held, that the members of the party were engaged in a "joint adventure" so that the automobile guest statute would not bar …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
Negligence - Last Clear Chance - Distinction Between The Possibility And The Probability Of Averting The Accident, Michigan Law Review
Michigan Law Review
The plaintiff and her companion, both unaware of the defendant's approaching automobile, negligently drove onto a highway along which the defendant was driving at a high rate of speed. When thirty to forty feet away from the plaintiff, the defendant sounded his horn, applied the brakes, and swerved his car, but was unsuccessful in avoiding the collision. The trial court directed a verdict for the defendant. Held, judgment for the defendant reversed since the jury might have found: that defendant should have realized plaintiff's danger when he was one hundred and twenty feet away from the plaintiff; that although …
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
Municipal Corporations - Tort Liability - Exemplary Damages, Michigan Law Review
Michigan Law Review
Plaintiff was injured in a collision between the car in which she was riding and a negligently driven fire truck owned by the defendant municipality. Plaintiff's declaration alleged that the fire trucks had been habitually driven in a grossly negligent manner, but the evidence offered at the trial did not substantiate this allegation. The trial court instructed the jury that it could include in the verdict such sum as might be warranted by the evidence as punitive or exemplary damages. The jury awarded $5,000 damages. Held, that plaintiff could recover for torts committed by the fire department, and that …
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Carriers - Gratuitous Pass - Limitation Of Liability, John L. Rubsam
Michigan Law Review
Appellee was traveling between Louisville and New Orleans on a gratuitous pass issued to her by reason of being the mother of a conductor employed by the Missouri-Pacific lines. The pass contained the following condition: "The person accepting and using it thereby assumes all risk of accident to person or property." Appellee had signed: "I accept the above conditions." The train gave a slight jerk due to coupling onto other cars, causing appellee to fall and sustain the injuries for which she sues. Held, where a passenger using a free interstate railroad pass agreed to assume the risk of …
Automobiles -Violation Of Parking Statute, Michigan Law Review
Automobiles -Violation Of Parking Statute, Michigan Law Review
Michigan Law Review
Defendant, in violation of a statute and ordinance prohibiting parking "within ten feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway," parked his truck within the prohibited area, thus blocking the sign from the view of the traffic it was intended to warn. A third party, approaching the stop street, being unable to see the sign, proceeded into the intersection without stopping, and struck the car in which plaintiff was a passenger, injuring him. Defendant demurred to the petition on the ground of lack of causal connection. Held …
Conflict Of Laws - Guest Motorists -How Far Is The Lex Loci Delicti Controlling In The Forum?, M. M. Howard
Conflict Of Laws - Guest Motorists -How Far Is The Lex Loci Delicti Controlling In The Forum?, M. M. Howard
Michigan Law Review
Before the advent of the "guest statutes," the decisions of all but a very few states recognized no degrees of negligence and measured the duty of the automobile host towards his non-paying guest by due care under all the circumstances-the "ordinary negligence" rule. In the few exceptional states, the decisions required the plaintiff to prove "gross," "wilful," or "wanton" negligence on the part of his host in order to maintain his action. And within the last decade nineteen states have adopted "guest statutes" which, with varying language, adopt the "gross negligence" rule. Since the rule of the lex loci delicti …
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Automobiles - Statutory Liability Of Owner - Registered Titleholder Estopped To Deny Ownership, Michigan Law Review
Michigan Law Review
Plaintiffs, injured in New York by an automobile driven by defendant's minor son, sued under a New York statute which makes the owner of an automobile liable for damages for injuries resulting from negligence of its operator. The automobile was registered in Connecticut in defendant's name to avoid compliance with the Connecticut statute which requires proof of financial responsibility as a prerequisite of registration for minors over sixteen years of age. Held, defendant estopped to prove ownership of the automobile in his son. Shuba v. Greendonner, 271 N. Y. 189, 2 N. E. (2d) 536 (1936), reversing 245 …
Automobiles-Registration Of Title-Evidence Of Ownership
Automobiles-Registration Of Title-Evidence Of Ownership
Michigan Law Review
In an action for damages caused by the son's negligent operation of an automobile registered in his father's name, the court affirmed a judgment against the father as an owner consenting to the use of his automobile, and held that evidence of the son's ownership was properly stricken from the record, since unregistered transfers were void. Enfield v. Butler, (Iowa 1935) 264 N. W. 546.
Carriers -Airplanes - Right To Limit Liability By Contract
Carriers -Airplanes - Right To Limit Liability By Contract
Michigan Law Review
Defendant corporation conducted a regular airplane passenger service between Miami and Tampa, Florida. Deceased purchased an ordinary passenger ticket at the regular price and, in the course of the trip, was killed due to the negligence of defendant's pilot. There was a stipulation in the ticket which all passengers were required to sign that "the company's liability is limited to $10,000." Wife of deceased sued for the negligent death and recovered a judgment in excess of $10,000. Held, that defendant was a common carrier, and, therefore, could not compel a passenger to release it of its legal liability. Curtis-Wright …
Carriers - Liability Of Interstate Connecting Carriers Governed By Filed Tariff Or Through Bill Of Lading
Michigan Law Review
Goods were shipped from Maine to El Paso, Texas, on a through bill of lading which provided that the carrier in possession of the property described "shall be liable as at common law for any loss thereof or damage thereto." The goods were destroyed by fire, without negligence, while in the possession of the Galveston Wharf Company. This company owned, in addition to certain piers, railroad trackage from these piers to connections with the delivering carrier and other railroads running out of Galveston. Its filed tariff provided that it should be liable only for negligence. Held, the Wharf Company's …
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Torts - Recklessness - Liability Of Driver Under "Host-Guest" Statute
Michigan Law Review
Iowa Code, 1927, sec. 5026-b1, provides that no automobile owner or operator shall be liable for injuries received by a gratuitous occupant therein, except those caused by the driver's intoxication or reckless operation. Defendant, a rather inexperienced driver, became excited upon coming to a hill and pressed the accelerator instead of the brake, causing an accident which injured plaintiff, a gratuitous passenger in the car. The jury found that defendant had been driving recklessly. In reversing for error in instruction, the court held that recklessness may or may not include wilfulness or wantonness, but always implies no care, coupled with …
Constitutional Law-Action For Personal Injury As Property
Constitutional Law-Action For Personal Injury As Property
Michigan Law Review
In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …
Carriers-Counterclaim-Shipper's Counterclaim In Carrier's Action For Freight, As Illegal Discrimination
Michigan Law Review
To the railroad's action to recover unpaid freight, the shipper set up as a counterclaim his loss (an amount greater than the freight) from damage to that shipment due to the plaintiff's negligence. The United States district court for the southern district of California held for the defendant, that this might be done. Upon appeal, the circuit court of appeals for the ninth circuit certified the question: Where a carrier brings an action at law to recover freight charges-in a district where state law provides that if a defendant fails to set up a counterclaim arising out of the transaction …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.