Law Commons^™

Damages, Henry Summerall Jr.

South Carolina Law Review

No abstract provided.

Measure Of Damages For Wrongful Death Of A Minor Child

Washington and Lee Law Review

No abstract provided.

Exemplary Damages And Joint Tortfeasors The

Washington and Lee Law Review

No abstract provided.

Damages--Torts--Punitive Denied Against Joint Tort-Feasors, Lee O'Hanlon Hill

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING

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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER

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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES

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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION

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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE

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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION

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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …

The Cautionary Instruction On Income Taxes In Negligence Actions, Norman C. Roettger

Washington and Lee Law Review

No abstract provided.

Damages--Collateral Source Rule, Lee O'Hanlon Hill

West Virginia Law Review

No abstract provided.

Damages--Corporations--Corporate Liability For Exemplary Damages, Nick George Zegrea

West Virginia Law Review

No abstract provided.

Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones

West Virginia Law Review

No abstract provided.

Recent Burn Damage Awards, Frederick F. Waugh

Cleveland State Law Review

In ascertaining damages for thermal injuries, the usual elements present in other types of personal injuries must be considered, such as loss of wages, medical expenses, pain and suffering, loss of future earnings, loss of consortium, etc. Presentation of the evidence to the jury is a paramount factor, which can make every difference in the award granted. Photographs, expert testimony, and the display of the evidence on the victim's body, such as scars, discolorations, lesions and physical impairment, can be used in a dramatic manner.

Admission Of Liability, Richard H. Burgess

Cleveland State Law Review

There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.

Recent Spine Damage Awards, Sheldon E. Baskin

Cleveland State Law Review

Spinal injuries generally include trauma to the vertebrae, the intervertebral discs and the ligaments which serve to hold the spinal column together. For the purpose of avoiding duplication this paper will confine itself to the subjects of fractures and dislocations of the vertebrae, injuries to the discs and direct injuries to the spinal cord, excluding discussion of soft tissue back injuries and injuries of the cervical or neck area generally referred to as whiplash injuries.

Recent Leg Damage Awards, Doris Hauth

Cleveland State Law Review

Injuries to the leg include fractures of the various bones of the leg (tibia, femur and fibula), fractures of the foot, ankle, knee or hip, and amputation of one, both, or a part of the leg. This article includes a digest of cases arising in the last five years involving leg injuries. The facts in each case are briefly stated and the damage award specified.

Recent Head Damage Awards, Eileen Kelley

Cleveland State Law Review

Head trauma is responsible for more litigation than any other single bodily mechanical damage. Belli ranks brain injuries second only to the back and spine in producing permanent and crippling disabilities.

Recent Eye Damage Awards, Margaret Mazza

Cleveland State Law Review

Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.

Recent Back Damage Awards, Carl H. Miller

Cleveland State Law Review

Injuries to the human back have long perplexed the legal world. This is especially true of the soft tissue area of the back, where objective medical tests give way to the vagueness of a "sprained" muscle, and the court finds itself torn between the desire to adequately compensate an injured plaintiff and the caution that must prevail where objective tests are inadequate. Generally speaking, we will be concerned with that portion of the back that is not skeletal in nature,and though the interaction of the spine with the muscular structure permits little latitude in separating them, we will do so …

Recent Arm And Hand Damage Awards, Robert M. Hisnay

Cleveland State Law Review

The ever-present question to be answered in personal injury cases, other than liability of course, is the measure of damages to which the plaintiff is entitled. Where the plaintiff has been left with a permanent total, or permanent partial disability, such disability must be properly evaluated and transformed into an element of a money award for damages in order that adequate compensation will be received by the injured party. The problem of evaluating a permanent disability of the arm or hand is as medically complex as the multiplicity of functions which the member performs.

Recent Hearing Damage Awards, Denis M. Burgoon

Cleveland State Law Review

Acoustic trauma and direct injury to the mechanism of hearing are the compensable personal injuries delineated here. As hearing loss has, in all but a few cases, been a minor part of the injury sustained, it is not possible to determine the value of loss of hearing alone. It would appear that partial loss of hearing, either permanent or temporary, is not considered very disabling. $56,000 seems to be the highest award for total loss of hearing with no other injury reported, while $3,500 is the lowest award found for partial loss of hearing. As the cases generally involve various …

Recent Whiplash Damage Awards, Esther Weissman

Cleveland State Law Review

In viewing more than 100 recent appellate cases concerning whiplash, one is struck by the lack of any definite standard or pattern of awards.

Death Damages And Conflicts Of Laws, Marvin D. Silver

Cleveland State Law Review

Since the adoption of the Fatal Accidents Act of 1846 in the United Kingdom, each of the fifty United States has created by statute a similar right of action which pertains to the survivors or to the estate of the decedent whose death resulted from the wrongful acts of another. During recent years, fourteen states have incorporated within their wrongful death statutes a maximum limitation on the amount of damages recoverable. These restrictions consistently trouble the courts when a wrongful death occurs in one of these limiting states and the suit is brought elsewhere. However, the courts have, with a …