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Full-Text Articles in Law
Products Liability—Strict Liability In Tort: Defect Need Not Render Product "Unreasonably Dangerous"—Cronin V. J.B.E. Olson Corp., 8 Cal. 3d 121, 501 P.2d 1153, 104 Cal. Rptr. 433 (1972), Charles L. Coleman
Washington Law Review
Plaintiff Cronin was injured when the bread delivery truck he was driving for his employer collided with another vehicle. An aluminum safety hasp designed to hold the truck's bread racks in place failed during the collision; as a result, plaintiff was pushed forward through the windshield of the truck and injured seriously. Plaintiff's expert witness testified that the hasp was unusually weak because of bubbles and organic matter in the metal, that the hasp would have withstood the forces exerted by the racks during the collision had it not been flawed, and that the flaws and weakness of the metal …
Torts—Nuisance Actions Against Municipal Airports—Nestle V. City Of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 (1972), G. E. F.
Washington Law Review
Plaintiffs, homeowners living near Santa Monica Municipal Airport, brought suit against the municipality of Santa Monica, the airport operator, seeking damages for diminution of property value and personal injury resulting from jet aircraft noise. The homeowners' principal theory for recovery was that the jet noise emanating from the airport constituted a nuisance. Both the trial and the appellate courts dismissed the nuisance action. The California Supreme Court reversed. Held: a nuisance action against a municipal airport is not precluded by governmental tort immunity. Nestle v. City of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 …
Torts—Emotional Harm: Limitations On Third Party Recovery For Emotional Harm Caused By Fear Or Concern For Another—Schurk V. Christensen, 80 Wn. 2d 652, 497 P.2d 937 (1972), J. R. R.
Washington Law Review
Plaintiff hired fifteen-year-old Reed Christensen to care for her five-year-old daughter upon the representation of his parents that he was a good and capable baby-sitter. The parents knew but did not disclose that their son had a lengthy history of sexually assaulting young girls. In the span of five months the baby-sitter molested the plaintiff's daughter between two and five times. Upon learning of the assaults, plaintiff suffered severe emotional distress requiring treatment by a physician, hospitalization, and psychiatric care. The plaintiffs claim against the defendant parents and their son alleged mental anguish proximately caused her by the knowledge of …
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
Washington Law Review
Despite the Federal Tort Claims Act's explicit purpose to make state law determinative of recovery for governmental wrongs, the United States Supreme Court in Laird v. Nelms held that liability under the Act may not be predicated on a state statute imposing absolute or strict liability. Professor Peck challenges the Court's rationale in reaching this decision, concluding that Laird v. Nelms makes legislative revision of the Federal Tort Claims Act imperative. To guarantee that the Act will not insulate the government from strict liability for its ultrahazardous activities, Professor Peck proposes several basic changes to the Federal Tort Claims Act, …