Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 31

Full-Text Articles in Law

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler Jan 2010

Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler

Law Faculty Scholarly Articles

The term "consortium" has been defined as "[t]he benefits that one person . . . is entitled to receive from another, including companionship, cooperation, affection, aid, [and] financial support." Under Kentucky law, "[e]ither a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Furthermore, "[in] a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority…” In Giuliani v. …


Loss Of Consortium: Kentucky Should No Longer Prohibit A Child's Claim For Loss Of Parental Consortium Due To The Negligent Act Of A Third Party, Bruce Gehle Jan 1995

Loss Of Consortium: Kentucky Should No Longer Prohibit A Child's Claim For Loss Of Parental Consortium Due To The Negligent Act Of A Third Party, Bruce Gehle

Kentucky Law Journal

No abstract provided.


Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan Jan 1994

Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan

Kentucky Law Journal

No abstract provided.


Apportionment In Kentucky After Comparative Negligence, John M. Rogers Jan 1986

Apportionment In Kentucky After Comparative Negligence, John M. Rogers

Kentucky Law Journal

No abstract provided.


Apportionment In Kentucky After Comparative Negligence, John M. Rogers Jan 1986

Apportionment In Kentucky After Comparative Negligence, John M. Rogers

Law Faculty Scholarly Articles

Adoption of comparative negligence gives juries the task of allocating fault between a plaintiff and a defendant when both were negligent and both caused the plaintiff's injury. A logical corollary must be that juries are theoretically and practically able to make such an allocation. If so, it follows that juries are able to make such an allocation among multiple defendants, each of whom was found to be both negligent and a cause of the plaintiff's injury. The judicial adoption of comparative negligence in Kentucky therefore requires a reexamination of the rules applicable to multiple tortfeasors. Cases decided since the adoption …


Kentucky Law Survey: Torts, Jayne Moore Waldrop Jan 1985

Kentucky Law Survey: Torts, Jayne Moore Waldrop

Kentucky Law Journal

No abstract provided.


A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw Jan 1983

A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw

Kentucky Law Journal

No abstract provided.


Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness Jan 1983

Kentucky Tort Law: Defamation And The Right Of Privacy, Richard C. Ausness

Law Faculty Scholarly Articles

This book review examines Kentucky Tort Law: Defamation and the Right of Privacy by David A. Elder, which was published in 1983.


A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw Jan 1983

A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw

Law Faculty Scholarly Articles

Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recovery is still the law in Kentucky, although modified by the doctrine of "last clear chance." Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …


Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey Jan 1977

Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Torts, Richard C. Ausness Jan 1977

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This issue of the Survey of Kentucky tort law includes recent decisions on false imprisonment, intentional infliction of emotional distress, and products liability. The first case, Consolidated Sales Co. v. Malone, held that Kentucky's shoplifter detention statute authorized a personal search of suspected shoplifters by store personnel. In the second case, Eigelbach v. Watts, the Kentucky Supreme Court adhered to its longstanding rule that physical impact was essential to an action for intentional infliction of emotional distress. Finally, in the third decision, McMichael v. American Red Cross, the Court, utilizing the Restatement's “unavoidably unsafe” rationale, refused to impose …


House V. Kellerman: Judge, Jury, And Intervening Cause In Kentucky Negligence Law, Robert W. Griffith Jan 1976

House V. Kellerman: Judge, Jury, And Intervening Cause In Kentucky Negligence Law, Robert W. Griffith

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Torts, Richard C. Ausness Jan 1975

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. The topics covered in this discussion include: negligence per se, res ipsa loquitur, the legal duty of a land owner, parental liability for the acts of children, the last clear chance doctrine, products liability, private nuisance, and public nuisance.


Kentucky Law Survey: Torts, Richard C. Ausness Jan 1975

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. During the past term the Kentucky Court of Appeals was quite active in the area of torts. The Court considered cases involving battery, nuisance, products liability and negligence. The negligence decisions dealt with a defendant's standard of care, contributory negligence, and last clear chance. Four of these cases have been selected for examination in this article.


Worley V. Columbia Gas, Inc.: Advice Of Counsel As A Defense To An Action For Malicious Prosecution--The Kentucky Position, Eric Steven Smith Jan 1974

Worley V. Columbia Gas, Inc.: Advice Of Counsel As A Defense To An Action For Malicious Prosecution--The Kentucky Position, Eric Steven Smith

Kentucky Law Journal

No abstract provided.


Standard Of Care For Medical Practitioners--Abandonment Of The Locality Rule, Katherine Randall Bowden Jan 1971

Standard Of Care For Medical Practitioners--Abandonment Of The Locality Rule, Katherine Randall Bowden

Kentucky Law Journal

No abstract provided.


Kentucky's Invasion Of Privacy Tort--A Reappraisal, W. Thomas Bunch Jan 1967

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

Kentucky Law Journal

No abstract provided.


The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris Jan 1966

The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris

Kentucky Law Journal

No abstract provided.


Medical Malpractice In Kentucky, Marvin Henderson Jan 1964

Medical Malpractice In Kentucky, Marvin Henderson

Kentucky Law Journal

No abstract provided.


Defamation--Retraction--A Bill That Didn't Pass, Diane Louise Mckaig Jan 1952

Defamation--Retraction--A Bill That Didn't Pass, Diane Louise Mckaig

Kentucky Law Journal

No abstract provided.


Torts--A Summary And Critique Of The Law Of Statutory Negligence In Kentucky, Robert F. Stephens Jan 1950

Torts--A Summary And Critique Of The Law Of Statutory Negligence In Kentucky, Robert F. Stephens

Kentucky Law Journal

No abstract provided.


The Burden Of Pleading Contributory Negligence In Kentucky, Gladney Harville Jan 1950

The Burden Of Pleading Contributory Negligence In Kentucky, Gladney Harville

Kentucky Law Journal

No abstract provided.


Violation Of A Municipal Ordinance As Negligence Per Se In Kentucky, Donald Kepner Jan 1949

Violation Of A Municipal Ordinance As Negligence Per Se In Kentucky, Donald Kepner

Kentucky Law Journal

No abstract provided.


Legislation--A Proposed Dangerous Driving Statute For Kentucky, Arnett Mann Jan 1947

Legislation--A Proposed Dangerous Driving Statute For Kentucky, Arnett Mann

Kentucky Law Journal

No abstract provided.


Privilege And Mitigation Of Damages In Defamation In Kentucky, Rosanna A. Blake Jan 1944

Privilege And Mitigation Of Damages In Defamation In Kentucky, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.


Negligent Involuntary Manslaughter In Kentucky: Standard Of Care Required, Helen C. Stephenson Jan 1943

Negligent Involuntary Manslaughter In Kentucky: Standard Of Care Required, Helen C. Stephenson

Kentucky Law Journal

No abstract provided.


The Standard Of Care In Emergencies, Alvin E. Evans Jan 1943

The Standard Of Care In Emergencies, Alvin E. Evans

Kentucky Law Journal

No abstract provided.


Proposed Statutory Reform In The Law Of Negligent Homicide In Kentucky, Marvin M. Tincher Jan 1942

Proposed Statutory Reform In The Law Of Negligent Homicide In Kentucky, Marvin M. Tincher

Kentucky Law Journal

No abstract provided.


May An Action For Trespass To Land In Another State Be Maintained In Kentucky?, W. L. Matthews Jr. Jan 1940

May An Action For Trespass To Land In Another State Be Maintained In Kentucky?, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.


Torts--The Humanitarian Doctrine In Kentucky, William Mellor Jan 1935

Torts--The Humanitarian Doctrine In Kentucky, William Mellor

Kentucky Law Journal

No abstract provided.