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Articles 1 - 22 of 22
Full-Text Articles in Law
Recent Burn Damage Awards, Frederick F. Waugh
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.
Malpractice Used As A Hospital Defense, Carl H. Miller
Malpractice Used As A Hospital Defense, Carl H. Miller
Cleveland State Law Review
Hospital immunity in negligence and other torts of agents and employees is disappearing steadily. The course of decisions in many states has been consistently in the direction of elimination of "charitable" immunity of hospitals. Seeking another line of defense, hospital administrators have re-examined the parties generally involved in a medical negligence action-patient, physician and hospital. Hospital administrators realized quickly that in order to remain free from general negligence liability, the main onus of tort responsibility would have to be shifted to the physician (or even the nurse) whenever and wherever possible.
Clergymen's Interference With Private Rights, Robert B. Dunsmore
Clergymen's Interference With Private Rights, Robert B. Dunsmore
Cleveland State Law Review
If a clergyman is to be granted complete immunity to say whatever he believes, or to take any action which he believes best for his church or his congregation, then eventually either our concept of separation of church and state will be destroyed or else by the very weight of the immunities and the inequities resulting therefrom the qualified privilege of the clergyman will be destroyed. The real question is not whether such a privilege exists or should exist, but at what point does the interference with the rights of the individual become so great as to be actionable. This …
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Cleveland State Law Review
The cloak of immunity that the insurance companies wear, and the fact that recently a trend has been noticed encouraging settlements, results in attorneys, finding their just fees diminished by the interference of third persons not in privity with the attorney-client contract, being compelled to find other means of redressing the wrongs thus perpetrated against them.
Newspaper Interference In Judicial Proceedings, John Vamis
Newspaper Interference In Judicial Proceedings, John Vamis
Cleveland State Law Review
Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …
Recent Hearing Damage Awards, Denis M. Burgoon
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 Arm And Hand Damage Awards, Robert M. Hisnay
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 Spine Damage Awards, Sheldon E. Baskin
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
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.
Book Review, Milton Oppenheim
Book Review, Milton Oppenheim
Cleveland State Law Review
Reviewing David W. Louisell and Harold Williams, Trial of Medical Malpractice Cases, Matthew Bender & Co., Inc., 1960
Admission Of Liability, Richard H. Burgess
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 Developments In Ohio's Charitable Immunity Law, Crawford Morris
Recent Developments In Ohio's Charitable Immunity Law, Crawford Morris
Cleveland State Law Review
It is now almost five years since our Supreme Court announced its decision in the Avellone case. During these five years, the two problems created by the Avellone decision have ,like "Mother Carrie's chickens" "come home to roost." Our Supreme Court has resolved each in turn, one in favor of charitable immunity for all charitable institutions except those that have the misfortune to run hospitals, the other further against hospitals for all acts of all servants.
Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley
Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley
Cleveland State Law Review
Generally where one has been injured by another's wrongful conduct he is required to exercise ordinary care and reasonable prudence to seek medical treatment so as to minimize the defendant's damages. Failure to do so may diminish the amount of damages the injured person may recover. This is a fundamental principle of the law of damages, and not of tort.
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Cleveland State Law Review
It is submitted that where there is fair dealing on the part of plaintiff's attorney and insurance company, a great deal of needless expense to both will have been eliminated enabling insurance companies to handle their claims and lawsuits with fewer personnel and smaller defense fees. And plaintiff's attorneys on their part, will be able to bring to conclusion more work during the course of a year; and where a staff is required, they will be able to operate with fewer personnel. The result to the plaintiff's attorney will be an increase in net income and perhaps more time for …
Death Damages And Conflicts Of Laws, Marvin D. Silver
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 …
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Cleveland State Law Review
The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Unilateral Mistake Of Fact In Personal Injury Releases, Paul D. Malina
Cleveland State Law Review
Many personal injury cases that appear on court calendars, as well as many not filed, are settled before trial. Settlements usually involve payment by the alleged wrongdoer in consideration of a release executed by the injured party. As for the alleged wrongdoer, this act settles the conflict in that the releasor has bargained away his legal remedy. As for the releasor, compensation for the injury was his objective. Sparse authority to the contrary, a release constitutes a contract, the validity of which can be affected by fraud, duress or mistake. Generally, one need not go into equity and pray for …
Recent Head Damage Awards, Eileen Kelley
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
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
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 …
Blood Transfusion Liability, James A. Thomas
Blood Transfusion Liability, James A. Thomas
Cleveland State Law Review
This paper is concerned with the causes of action available to the recipients of blood transfusions causing injury or death. Its scope is limited to cases where injury or death is caused by the blood itself, as where a transfusion is given with blood which is of the wrong type, or which is infected, or which is given to the wrong person.
Recent Whiplash Damage Awards, Esther Weissman
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.