Law Commons^™

Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio

St. Mary's Law Journal

Abstract Forthcoming.

Ice Cream Truck Vendor Has Duty Of Due Care To Protect His Minor Business Invitees; Whether He Breaches This Duty And, If So, Whether Such Breach Is The Proximate Cause Of A Patron's Injury Is A Fact Question, Precluding Summary Judgment., Charles J. O'Connor

St. Mary's Law Journal

Abstract Forthcoming.

Nuisance—Permanent Damages Awarded In Lieu Of An Injunction Where Resultant Damage From Nuisance Was Substantial, Bruce V. Weitzen

Buffalo Law Review

Boomer v. Atlantic Cement Company, Inc., 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312 (1970).

Some Recent American Developments In The Protection Of Know-How, William D. Hawkland

Buffalo Law Review

No abstract provided.

Products Liability - Breach Of Warranty - Danger Invites Rescue. Guarino V. Mine Safety Appliance Co., 25 N.Y.2d 460, 255 N.E.2d 173, 306 N.Y.S.2d 942 (1969), William M. Musser Iii

William & Mary Law Review

No abstract provided.

Libel Per Quod In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

The purpose of this article is to trace the development of the rules of defamation with particular reference to extrinsic fact. A defamatory communication is one that tends to diminish the esteem, respect, good will, or confidence in which a person is held or to excite adverse, derogatory, or unpleasant feelings or opinions against him. To be actionable under the modem law, however, the defendant's statement must be capable of a defamatory meaning in the sense normally understood.

Defamation consists of the separate torts of libel and slander. Historically, these torts evolved independently of each other, and as a result …

Liability For Blood Transfusions Resulting In Serum Hepatitis, George S. Newman

William & Mary Law Review

No abstract provided.

Land-Based Seaman: Recovery For Off-The-Job Injuries

Washington and Lee Law Review

No abstract provided.

Strict Liability Unmasked: The Applicable Statute Of Limitations

Washington and Lee Law Review

No abstract provided.

Torts--Product Liability

West Virginia Law Review

No abstract provided.

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.

Products Liability - The Blood Transfusion As A Sale. Cunningham V. Macneal Memorial Hospital, __Ill. App. 2d __, 251 N.E.2d 733 (1969), Charles W. Boohar

William & Mary Law Review

No abstract provided.

Statutes Of Limitations: Their Selection And Application In Products Liability Cases, Larry T. Thrailkill

Vanderbilt Law Review

The development of products liability law has followed an arduous course, especially during the past 70 years.' Many serious problems have arisen out of consumer attempts to obtain redress from manufacturers of defective products. Many of these problems have been resolved, but the problem of selecting and applying the appropriate statute of limitations persists, causing confusion among jurists, legislators, and practitioners and yielding inconsistent and inequitable results. A hypothetical will illustrate the problem and provide a factual context within which the problem may be discussed.

In 1970, Plaintiff is injured and his home destroyed when a gas water heater explodes. …

Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell

William & Mary Law Review

No abstract provided.

Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski

Faculty Scholarship

No abstract provided.

Torts—Strict Products Liability For Retailers?—Ulmer V. Ford Motor Co., 75 Wash. Dec. 2d 537, 452, P.2d 729 (1969), Anon

Washington Law Review

In Ulmer v. Ford Motor Co. the Washington plaintiff brought suit against the manufacturer of an automobile which had gone out of control and crashed into a cement abutment due to a defectively installed "A frame" pivot bolt. Plaintiff, whose theory of recovery was based on strict liability, was denied relief in the trial court. The Supreme Court of Washington reversed and remanded, adopting the Restatement (Second) position and holding that plaintiff's theory reflected the import of cases previously decided by the court under the theory of breach of implied warranty. The court abandoned the implied warranty theory of recovery, …

Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer

Buffalo Law Review

No abstract provided.

Civil Procedure—Contract, Not Tort, Statute Of Limitations Applicable In Action For Breach Of Implied Warranty For Particular Use., Miles Kavaller

Buffalo Law Review

Mendel v. Pittsburgk Plate Glass Co., 25 N.Y. 2d 340, 253 N.E.2d 207, 305 N.Y.S.2d 490 (1969).

Judicial Creation Of Direct Actions Against Automobile Liability Insurers: Shingleton V. Bussey, Jason G. Reynolds

Vanderbilt Law Review

Elizabeth R. Bussey commenced a negligence action in a Florida state trial court against Frances R.B. Shingleton for damages sustained in an automobile mishap. The accident itself was a rather ordinary rear-end collision. Out of the ordinary, however, was the fact that the plaintiff joined as a party defendant Shingleton's liability insurer, Nationwide Mutual Insurance Company. The trial judge, following the insurance policy's non-joinder provisions' and the weight of authority in Florida and elsewhere, granted Nationwide's motion that it be dismissed as a party defendant. Plaintiff appealed this order to the Florida District Court of Appeal on the theory that, …

Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus

William & Mary Law Review

No abstract provided.

As A Matter Of Law, Carrier Had Fulfilled Its Duty To Passengers When Its Driver After Warning Certain Passengers To Quieten Down, Left The Bus To Summon The Police, And A Passenger Was Injured In His Absence, As There Was No Duty To Remove, Restrain, Or Eject Assailant., Donato D. Ramos

St. Mary's Law Journal

Abstract Forthcoming.

Product Liability--Innocent Bystanders

West Virginia Law Review

No abstract provided.

Torts - Surveyor Making An Inaccurate Survey Held Liable To A Third Party Not In Privity On A Theory Of Tortious Misrepresentation, Thomas G. White

Loyola University Chicago Law Journal

No abstract provided.

Contribution Among Negligent Joint Tortfeasors In Illinois: A Squeamish Damsel Comes Of Age, Michael J. Polelle

Loyola University Chicago Law Journal

No abstract provided.

Theory Of Economic Policy And The Law Of Torts, The, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

Medical Demonstrative Evidence, Albert Averbach

Kentucky Law Journal

No abstract provided.

Products Liability - Assumption Of Risk Is An Affirmative Defense To A Products Liability Suit Based Upon Strict Liability In Tort - Mere Contributory Negligence Will Not Bar Plaintiff's Relief, Lee J. Radek

Loyola University Chicago Law Journal

No abstract provided.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.

Parental Immunity- Its Effect On Vicarious Liability

University of Richmond Law Review

Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.

Negligence—Medical Malpractice—Statute Of Limitations Starts To Run When Patient Could Reasonably Discover Foreign Object, Jerome D. Schad

Buffalo Law Review

Flanagan v. Mt. Eden Gen. Hosp., 24 N.Y.2d 427, 248 N.E.2d 871, 301 N.Y.S.2d 23 (1969).