Law Commons^™

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.

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.

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).

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.

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

William & Mary Law Review

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Torts--Product Liability

West Virginia 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.

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.

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—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).

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.

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.

Product Liability--Innocent Bystanders

West Virginia Law Review

No abstract provided.

Medical Demonstrative Evidence, Albert Averbach

Kentucky Law Journal

No abstract provided.

A Century Of Tort Immunities In Virginia, James A. Eichner

University of Richmond Law Review

Since the earliest days of tort litigation, the Virginia Supreme Court of Appeals, like the courts of its sister states, has been committed to the general view that legal responsibility follows negligence, and that the master is liable for his servants' torts committed within the scope of their employment. However, several years before the found- ing of the T. C. Williams School of Law, the Virginia court, in its landmark decision respecting governmental tort immunity, laid down a decision which has led to the creation of a number of tort immunities which it has never sought to justify on grounds …

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

Tort - Common Carrier - Duty Of Care, Paul F. Barchie

Duquesne Law Review

No abstract provided.

Torts - Damages - "Impact Rule", Frank M. Mcclellan

Duquesne Law Review

The Pennsylvania Supreme Court has held that plaintiff could recover for physical injuries resulting from fright and shock without showing a physical impact if plaintiff was in danger of physical impact because of the direction of a negligent force against him.

Niederman v. Brodsky, ___ Pa. ___ , 261 A.2d 84 (1970).

Liability Of Engineer For Defective Design, Emil F. Sos Jr.

Cleveland State Law Review

The practice of "Professional Engineering" in the United States is governed by licensing statutes in all fifty states and the District of Columbia. Liability for incompetency is only indirectly affected by these statutes. The statutes do have an effect on the contractual relationships of the engineer and most states make a violation of the licensing sections a misdemeanor, punishable by fine and/or imprisonment.

Injuries From Electronic Power Sources, Charles H. Grace, Sheila M. Kahoe

Cleveland State Law Review

In order to understand how the existing products liability law applies to electronic products, it is necessary to examine the methods by which such products are distributed, and the manufacturers' attitude toward the inclusion of safety devices in the production of these products. The four characteristics of electronic products that most affect their legal treatment will be identified and discussed, and the three principal theories most often used for the prosecution of products liability cases will be described herein, with emphasis on the features most likely to be involved in electronic cases.

Private Legal Action For Air Pollution, James E. Melle

Cleveland State Law Review

The vagueness of the concept of nuisance has resulted from the varying interpretations given it by the courts. It is still debatable whether liability for nuisance exists because of the harm done, or how the harm was created. Though there are many different purpose classifications of nuisances, this paper deals only with the basic ones-i.e., public,private, and public nuisances which are also private nuisances. What can a healthy individual do who does not live in the "neighborhood" of a polluter and yet fears that air pollution has harmful effects on his health? The air transmits the pollution, and it affects …

Product Liability And The Pill, Joyce Barrett

Cleveland State Law Review

The Pill has been on the market now for ten years and has been inwide use for five. Only within the last year, however, have widespread reports of the adverse effects associated with the Pill been publicized. While the Pill manufacturers may be aiding society by providing a convenient and effective method of checking the overpopulation problem, they are also handsomely profiting from Pill sales. Thus, the burden of compensating those injured by oral contraceptives should properly fall on the manufacturers and be treated as a cost of production. This, in turn, should prompt the manufacturers to initiate more ambitious …

Negligence—Personal Injury—General Release Subject To Rescission Where Parties Are Mistaken About The Extent And Existence Of Plaintiff's Injuries, Victor Oliveri

Buffalo Law Review

Mangini v. McClurg, 24 N.Y.2d 556 (1969).

Psychotherapeutic Treatment And Malpractice, David B. Saxe

Kentucky Law Journal

No abstract provided.