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Articles 1 - 30 of 59
Full-Text Articles in Law
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
St. Mary's Law Journal
The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …
Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.
Tort Claimant May Seek To Set Aside Fraudulent Conveyance Prior To Reducing His Claim To Judgment., William H. Bingham Jr.
St. Mary's Law Journal
Abstract Forthcoming.
The Doctrine Of Charitable Immunity Does Not Bar The Suit Of A Paying Patient Seeking To Recover Damages Sustained As A Result Of Negligence On The Part Of An Agent, Servant Or Employee Of A Charitable Hospital., Sidney Gibson
St. Mary's Law Journal
Southern Methodist University v. Clayton limited and clarified the scope of the charitable immunity doctrine in Texas, making it the leading opinion on the doctrine’s scope as of 1943. Clayton held charitable organization are liable to an employee for injuries proximately caused by the negligence of its agents but not liable to others in absence of proof of negligence on part of charity in employing or keeping the agent. Clayton’s progenies subsequently added two refinements: a charity is liable to an injured party, if, through negligence, improper equipment for treatment or service is used and causes an injury; and the …
Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker
Torts - Mental Distress - Recovery By Third Persons - Archibald V. Braverman, 275 Cal. App. 2d 290, __ P. 2d __, 79 Cal. Rptr. 723 (1969), Robert L. Walker
William & Mary Law Review
No abstract provided.
Expert Medical Testimony In Texas., Zollie Steakley
Expert Medical Testimony In Texas., Zollie Steakley
St. Mary's Law Journal
An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …
Hammontree V. Jenner, Superior Court For The State Of California, Los Angeles County
Hammontree V. Jenner, Superior Court For The State Of California, Los Angeles County
Historical and Topical Legal Documents
No abstract provided.
Wrongful Death: Assignment Of Right To Potential Proceeds
Wrongful Death: Assignment Of Right To Potential Proceeds
Washington and Lee Law Review
No abstract provided.
Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.
Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.
Scholarly Works
Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map, the …
Infants--Negligence--Standard Of Care, Robert Russell Stobbs
Infants--Negligence--Standard Of Care, Robert Russell Stobbs
West Virginia Law Review
No abstract provided.
Wrongful Death Action For Prenatal Injury, John Reed Homburg
Wrongful Death Action For Prenatal Injury, John Reed Homburg
West Virginia Law Review
No abstract provided.
Negligence - Savings And Loan Association Is Liable To Home Owners For Its Negligence In Financing Construction Of Houses Having Structural Defects Which Result In Damage. Connor V. Great Western Savings And Loan Association (Cal. 1968), Patrick J. Hennessey Jr.
San Diego Law Review
This recent case discusses Connor v. Great Western Savings and Loan Association (Cal. 1968)
Torts - Non-Delegable Duty - Automobile Owner Is Liable Under A Non-Delegable Duty For The Negligence Of An Independent Contractor Who Failed To Maintain Her Brakes In Compliance With The Vehicle Code. Maloney V. Rath (Cal. 1968), Richard Alan Berman
San Diego Law Review
This recent case discusses Maloney v. Rath (Cal. 1968)
Products Liability - Lender Liability For Defective Home Construction - Connor V. Great Western Savings And Loan Association 69 Cal. 2d 887, 447 P.2d 609, 73 Cal. Rptr. 369 (1968)., Bruce E. Titus
William & Mary Law Review
No abstract provided.
Torts—Wife Of Negligently Injured Man Has Cause Of Action For Loss Of Consortium, Lawrece S. Lioz
Torts—Wife Of Negligently Injured Man Has Cause Of Action For Loss Of Consortium, Lawrece S. Lioz
Buffalo Law Review
Millington v. Southeastern Elevator Co., 22 N.Y.2d 498, 293 N.Y.S2d 305, 239 N.E.2d 897 (1968).
Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge
Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge
University of Michigan Journal of Law Reform
The accounting profession rapidly is moving toward a crisis in liability. Members of the investing public are suing accountants with mounting frequency and success. This article will analyze briefly the origin and present dimensions of the crisis, and then propose a plan for replacing court-imposed liability with insured liability through the offering of financial statement insurance. The essentials of the plan can be simply stated. Insurance would be offered by accountants to investors on a voluntary basis in conjunction with purchases and sales of corporate stock and securities. Individual investors would be able to purchase from the auditors of a …
Recovery Allowed For Physical Damages Arising From Shock Of Witnessing Harm To Third Party, John David Craig
Recovery Allowed For Physical Damages Arising From Shock Of Witnessing Harm To Third Party, John David Craig
Indiana Law Journal
No abstract provided.
Liability To Bystanders At Accidents For Mental Distress
Liability To Bystanders At Accidents For Mental Distress
Washington and Lee Law Review
No abstract provided.
Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards
Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards
Washington and Lee Law Review
No abstract provided.
Duty Of Reasonable Care To Third Persons On The Premises
Duty Of Reasonable Care To Third Persons On The Premises
Washington and Lee Law Review
No abstract provided.
Tort Action For Strict Liability In Products Liability Cases
Tort Action For Strict Liability In Products Liability Cases
Washington and Lee Law Review
No abstract provided.
Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper
Texas Adopts The Discovery Rule For Limitations In Medical Malpractice Actions., Phyllis Harper
St. Mary's Law Journal
Abstract Forthcoming.
Torts - Emotional Damage - Zone Of Danger Test Rejected - Dillon V. Legg, 441 P.2d 912 (Calif. 1968), Susan Bundy Cocke
Torts - Emotional Damage - Zone Of Danger Test Rejected - Dillon V. Legg, 441 P.2d 912 (Calif. 1968), Susan Bundy Cocke
William & Mary Law Review
No abstract provided.
A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick
A Recovery For Cancer, Allegedly Caused By Radiation In The Course Of Employment, Must Be Based On A Reasonable Probability Of Causal Connection., Michael J. Mccormick
St. Mary's Law Journal
Abstract Forthcoming.
Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein
Tort Action Arose Out Of Automobile Collision In Which Failure Of Plaintiff To Wear Seat Belts Gave Rise To A Concept Of Mitigation Of Damages Rather Than Contributory Negligence., Clifford I. Weinstein
St. Mary's Law Journal
Abstract Forthcoming.
Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.
Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.
West Virginia Law Review
No abstract provided.
Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius
Torts--Landowner's Standard Of Care Based On Ordinary Principles Of Negligence, Douglas Alan Cornelius
West Virginia Law Review
No abstract provided.
Compensation For Negligently Shortened Life Expectancy, Gloria Belgrad
Compensation For Negligently Shortened Life Expectancy, Gloria Belgrad
Maryland Law Review
No abstract provided.
Torts--Sovereign Immunity--Municipal Liability, C. Grey Pash Jr.
Torts--Sovereign Immunity--Municipal Liability, C. Grey Pash Jr.
Kentucky Law Journal
No abstract provided.
The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part I, Robert Allen Sedler
The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part I, Robert Allen Sedler
Kentucky Law Journal
No abstract provided.
Torts--Negligence--Duty To Warn In Product Liability Cases, Joseph H. Terry
Torts--Negligence--Duty To Warn In Product Liability Cases, Joseph H. Terry
Kentucky Law Journal
No abstract provided.