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Full-Text Articles in Law
Visitor Responding To Public Invitation Classified As Invitee, Anon
Visitor Responding To Public Invitation Classified As Invitee, Anon
Washington Law Review
Defendant savings and loan association invited local community groups to use, without charge, a room and adjoining kitchen facilities on its premises for meetings. Plaintiff was injured on defendant's premises while walking to a meeting of her organization scheduled for this room. Plaintiff sued for damages; defendant's motion to dismiss was granted. On appeal, the Washington Supreme Court reversed the order of dismissal and remanded. Held: When the public is invited to use premises under circumstances implying an assurance of reasonable care, any visitor responding to that invitation is an "invitee" owed an affirmative duty of reasonable care by the …
Definition Of Gross Negligence Under The Guest Statute, Anon
Definition Of Gross Negligence Under The Guest Statute, Anon
Washington Law Review
On a bright summer morning, defendant slowed her automobile, intending to make a left turn. The road stretched dry and straight before her for more than a mile. She turned on her left signal blinker, observed a truck in the distance coming toward her, and looked in her rear view mirror. Seeing a car pulling out to pass her, she slowed further and waited for it to go by. Then she turned abruptly to the left and drove straight into the path of the oncoming truck. Plaintiff passenger, seriously injured in the collision, sued defendant, alleging gross negligence. The trial …
Discretionary Acts Protected By Governmental Immunity, Anon
Discretionary Acts Protected By Governmental Immunity, Anon
Washington Law Review
Plaintiffs sought damages from the State of Washington for property destroyed by a juvenile escapee from Green Hill School, who set fire to a church and adjoining house. Plaintiffs alleged, inter alia, that the state was negligent in maintaining an "open program" in a "close security" institution, and in assigning the juvenile, regarded as a security risk, to the "open program."' Plaintiffs relied on a recent statute purportedly abolishing state immunity from liability for torts committed by officials, whether acting in a "governmental" or "proprietary" capacity. The trial court entered judgment on a verdict for plaintiffs. On appeal, the Washington …
Assumption Of Risk—Basis For Denial Of Recovery?, Anon
Assumption Of Risk—Basis For Denial Of Recovery?, Anon
Washington Law Review
A recent decision of the Washington Supreme Court casts considerable doubt on the exact status of the defense of assumption of risk, and illustrates a serious problem concerning the judicial process in Washington. The action was brought against a school district for injuries received by a spectator at a high school football game. The school district supervised the game, no admission was charged, and the plaintiff, as a relative of one of the football players, was encouraged to attend. The plaintiff, who had previously seen only one football game, was standing about one foot from the side lines when a …
Duplication Of Damages: Invasion Of Privacy And Defamation, Anon
Duplication Of Damages: Invasion Of Privacy And Defamation, Anon
Washington Law Review
Defendant mayor of Medical Lake, Washington, exhibited to at least one person what appeared to be police photographs of the plaintiff, together with what appeared to be an "F.B.I. record" on him. Neither the photographs nor the "F.B.I. record" were what they appeared to be, but defendant indicated they represented criminal convictions of plaintiff. Plaintiff brought suit for defamation and invasion of privacy, and a jury returned favorable verdicts on both counts. However, the trial court granted defendant's motion for judgment notwithstanding the verdict on the invasion of privacy count. Plaintiff appealed, contending right of privacy should be recognized in …
Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon
Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon
Washington Law Review
Federal officials, supervising a high-priority contract to dredge and improve a navigable river, approved a decision to deposit dredged spoil on a vacant lot situated near plaintiff's building. An exhaustive search by a naval officer revealed no other feasible land site immediately available. Wind carried gases emanating from the spoil to plaintiff's buildings, allegedly reacting upon the exterior surfaces to cause severe damage. Plaintiff brought an action under the Federal Tort Claims Act against the United States and its contractor, alleging negligence in the decision to place the spoil on the land, rather than dump it at sea, and in …
Husband's Immunity From Personal Suit For Tort, Anon
Husband's Immunity From Personal Suit For Tort, Anon
Washington Law Review
Plaintiff brought an action to recover damages for injuries which were intentionally inflicted by her former husband subsequent to the initiation of divorce proceedings. The complaint alleged that defendant, with intent to kill plaintiff and in violation of a non-molestation order, repeatedly rammed plaintiff's automobile with his own. Defendant challenged plaintiff's right to sue, claiming immunity from suit by his former wife for personal tort occurring during marriage. The trial court granted judgment for defendant on the pleadings, which was affirmed on appeal. Held: A man is immune from suit in tort by his former wife, even though the tort …
Products Liability—Innocent Bystander Enjoys Protection Of Implied Warranty, Anon
Products Liability—Innocent Bystander Enjoys Protection Of Implied Warranty, Anon
Washington Law Review
Plaintiff was injured when a shotgun, fired by another, exploded. The explosion was allegedly caused by a defective shotgun shell, purchased by the shooter. Plaintiff brought a personal injury action against the manufacturer, wholesaler, and retailer of the shell, alleging separate counts of negligence and breach of implied warranty. With reference to the latter count, plaintiff contended that the shell was not suitable for its intended use, and that, even though he was neither the purchaser nor the user of the shell, he was entitled to rely upon the implied warranty of fitness and suitability which attended the manufacture, distribution, …
Strict Liability In Tort—Builder-Vendor Of Mass Produced House Strictly Liable For Injuries Caused By Construction Defects, Anon
Washington Law Review
Defendant, a mass-developer who planned communities and sold homes on the basis of advertised models, installed a water heater in a house without following the manufacturer's recommendations. Plaintiffs leased the house from defendant's vendee, and plaintiffs' minor son was subsequently scalded by excessively hot water drawn from the heater. Recovery was sought for negligence and for breach of implied warranty of habitability. The trial court dismissed the action, but the Court of Appeals of New Jersey reversed. Held: A builder-vendor of a mass-produced house is liable for breach of an implied warranty of habitability to vendee's lessee injured by a …