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Full-Text Articles in Law
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
Cleveland State Law Review
It is imperative that a multi-disciplinary approach to the seat belt defense be attempted. With a growing number of exceptions, courts have ruled that a defendant may not seek to lessen or avoid liability by showing that the plaintiff failed to use a restraint system. In this way the seat belt defense has frequently been rendered unavailable. Too often, the judiciary has determined as a matter of law that a reasonable person need not use a life-saving mechanism, denying juries an opportunity to reach a different conclusion. Thus, paradoxically, while courts have expanded the scope of injury liability by asserting …
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Inadequate Damages In P.I. Actions: Trends In Appellate Decisions, Owen T. Palmer Jr.
Cleveland State Law Review
There is no mystery in the language which courts from time immemorial expressed in an attempt to explain when they will interfere with a verdict which has been challenged on the grounds of either excessiveness or inadequacy. Lip service is given to the rule that the size of the verdict alone is not the criteria for interference with the verdict of a jury. The usual language is that excessiveness or inadequacy, to warrant interference, must evince or carry an implication of passion or prejudice, corruption, partiality, improper influences, or the like. An analysis of the decisions, however, justifies "the conclusion …
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Cleveland State Law Review
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.