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Torts

Cleveland State University

1967

Third party liability

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Full-Text Articles in Law

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus Jan 1967

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus

Cleveland State Law Review

In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …


Brake Failure As Negligence Per Se, Otto J. Danker Jan 1967

Brake Failure As Negligence Per Se, Otto J. Danker

Cleveland State Law Review

Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.