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Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter
Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter
Seattle University Law Review
This article begins by surveying the evolution of tort doctrine and the "no duty to act" rule. It then proceeds to examine current theories of employer liability in the referral and hiring context and moves on to trace the history of the negligent employment referral claim. Next, this section scrutinizes the Muroc decision and ends with a brief discussion of the future of negligent employment referral. Section III begins by exploring the implications of nondisclosure of reference information for both tort policy and tort doctrine. It then proposes an affirmative duty of disclosure as a solution by amalgamating the reasoning …
Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews
Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews
Seattle University Law Review
The focus of this Comment will be the 1993 amendment to Washington's general survival statute. In particular, the goal is to interpret how noneconomic damages for tortious death are to be treated under the new survival statute and to answer the question of what noneconomic damages are available to the victim's survivors. Because of Washington's complex statutory scheme, each of five potentially applicable statutes will be examined for available noneconomic damages, the survivability of these damages, the beneficiaries of the action, and possible duplication of damages. In answering these questions, this comment will also address the issue of survivability of …