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State and Local Government Law

Seattle University Law Review

Negligence

Publication Year

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Full-Text Articles in Law

Tegman V. Accident & Medical Investigations, Inc.: The Re-Modification Of Modified Joint And Several Liability By Judicial Fiat, Victor J. Torres Jan 2006

Tegman V. Accident & Medical Investigations, Inc.: The Re-Modification Of Modified Joint And Several Liability By Judicial Fiat, Victor J. Torres

Seattle University Law Review

This Note explores the Tegman decision in the context of joint and several liability between negligent and intentional actors within Washington State. Part II places Washington tort law into perspective, including the doctrine of joint and several liability, both before and after the Tort Reform Act of 1986. Part III discusses the Tegman decision, methods used in other jurisdictions for dealing with similar situations, and potential solutions to the problems posed by the Tegman holding. Finally, Part IV concludes and urges both the court to reconsider its ruling in Tegman and the legislature to clarify its intent.


Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe Jan 1991

Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe

Seattle University Law Review

This Note will argue that the Babcock court's application of this immunity fails to serve the traditional goals of judicial immunity and undermines the factors that should protect dependent children. This argument will develop by first considering the development of judicial immunity and the significance of the concept of functional comparability. The Note will then begin the discussion of the Babcock case with an explanation of the nature of a dependency proceeding and the duties performed by a caseworker during initiation of a dependency proceeding and during placement in foster-care. The Note will then consider the caseworker's actions in the …