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Full-Text Articles in Law
Loss Of Parental Consortium: Why Kentucky Should Re-Recognize The Claim Outside The Wrongful Death Context, Collin D. Schueler
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
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
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
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Kentucky Law Journal
No abstract provided.
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
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
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
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
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
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
Products Liability In Kentucky: The Doctrinal Dilemma, Kathleen F. Brickey
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Torts, Richard C. Ausness
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
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
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
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
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
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
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
The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris
Kentucky Law Journal
No abstract provided.
Medical Malpractice In Kentucky, Marvin Henderson
Medical Malpractice In Kentucky, Marvin Henderson
Kentucky Law Journal
No abstract provided.
Defamation--Retraction--A Bill That Didn't Pass, Diane Louise Mckaig
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
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
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
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
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
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
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
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
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.
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
Torts--The Humanitarian Doctrine In Kentucky, William Mellor
Kentucky Law Journal
No abstract provided.