Law Commons^™

The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach, Part Ii, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

A Defense Of The Use Of The Hypothetical Case To Resolve The Causation Issue--The Need For An Expanded, Rather Than A Contracted, Analysis, James A. Henderson Jr.

Cornell Law Faculty Publications

Professor Henderson suggests that a place still exists in the law of torts for using the "hypothetical case" as a limit on the scope of liability. In making this suggestion, he disagrees with Professor E. Wayne Thode's argument in 46 Texas L. Rev. 423 (1968) that "duty" should be the sole repository of liability-limiting policy decisions in negligence cases. Professor Henderson proposes the creation of a new causation issue--cause in fact of harm to the plaintiff--that earlier defenders of causation-as-a-policy-issue seem to have overlooked.

Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Torts--Inadequate Verdicts--Partial Retrials, Jerry Lee Foster

Kentucky Law Journal

No abstract provided.

Shipowners' Limitation Of Liability In International Seafaring Disasters, Joseph N. Barker

Vanderbilt Journal of Transnational Law

Adherence to the principle of strict limitation of liability in any area of the law has been out of vogue since the time of Winterbottom v. Wright. This is true whether it be in the area of products liability, master-servant relations, or international air travel. The trend is to remove all limitation on recoveries available under our law for death or injury. An exception is the limitation of liability in maritime disasters. Here, in this watery domain, the narrowness that formerly dominated the field of products liability continues to exist. Some critics condemn such strict limitation as an anachronism in …

Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton

Cornell Law Faculty Publications

What are the consequences of the application of legal sanctions? How can these consequences be determined? This Article attempts to explore these questions in the limited field of highway safety, examining the available evidence and indicating areas where further investigation is essential. Although conclusions with respect to the general deterrent effect of traffic laws do not emerge, the parameters of the problem are defined and plausible hypotheses suggested.

Statutes Of Limitations In Legal Malpractice, Norman T. Baxter

Cleveland State Law Review

It becomes apparent from an analysis of cases and law that many jurisdictions, when using the term malpractice, limit the term strictly to physicians and surgeons. It is not so much the fact that legal malpractice is excluded from the term malpractice but rather that it is never even mentioned. Since legal malpractice appears to be a matter of state definition it would seem that perhaps the best approach to understanding legal malpractice would be to examine (as typical) the statutes of three of our leading states, to see what is the present status of their laws on the subject.

Pharmacy, Law, And The U.C.C., And Patent Medicines, John J. Kuchinski

Cleveland State Law Review

The primary legal concern of the pharmacist has been and continues to be in the field of negligence. With the increasing legal awareness of society, however, it becomes imperative to examine what liabilities may arise under the U.C.C. The main objective of this paper is to explore the possible areas of liability that may arise under the Code in the sale of patent medicines by the pharmacist.

Hospital Nurses And Tort Liability, Gabrielle G. Kinkela, Robert V. Kinkela

Cleveland State Law Review

What factors have influenced the courts in the development of their current attitude toward hospitals? Are the emerging concepts reasonable, or are they indicia of a pendulum swinging too far in the direction of the patient? What are the consequences for the nurse? These are the questions to which the ensuing treatment of one aspect of tort liability is addressed.

Administrative Law—Collateral Estoppel—Adverse Findings On Issues In Negligence Action Do Not Preclude Plaintiff From Relitigating Identical Issues In Subsequent Longshoreman’S And Harbor Workers' Act Proceeding., David E. Manch

Buffalo Law Review

Young & Co. v. Shea, 397 F.2d 185 (5th Cir. 1968).

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.

Product Liability For A Defective House, Joseph A. Valore

Cleveland State Law Review

The position of the American courts regarding the matter of the liability of a builder-vendor for his work is best answered by examining cases from some of the various jurisdictions to see how the problem has been handled. A builder should be held to warrant his product to be free from defects and to be suitable for the use intended. The cases reflect the growing desire to provide the buyer of a new house with this protection. Yet, protection is generally extended only to one who buys a house which is not finished.

Book Review, Philip J. Bourne

Cleveland State Law Review

Reviewing Charles Kramer, The Negligent Doctor, Crown Publishers Inc., 1968

Recovery For Negligently Caused Emotional Trauma Resulting From Fear For The Safety Of Another

University of Richmond Law Review

Recovery for emotional trauma has progressed slowly in the century since Lord Wensleydale uttered the above words. The courts have been reluctant to recognize the interest in emotional tranquility both when the interference has been intentional and when it has been negligent.

Torts - Abuse Of Process - An Excessive Attachment Supports A Claim For Abuse Of Process Rather Than Malicious Prosecution And Such Claim May Be Brought In The Action In Which The Attachment Was Issued. White Lighting Company V. Wolfson (Cal. 1968), Edward D. Laplount

San Diego Law Review

This recent case discusses White Lighting Company v. Wolfson (Cal. 1968).

Torts - Mental Distress - Defendant Is Liable For Negligently Inflicted Emotional Distress Suffered By A Foreseeable Plaintiff Who Is Outside The Zone Of Danger. Dillon V. Legg (Cal. 1968), Richard Alan Berman

San Diego Law Review

This recent case discusses Dillon v. Legg (Cal. 1968).

The Federal Medical Care Recovery Act, Michael F. Noone Jr.

Scholarly Articles

Until the passage of the Federal Medical Care Recovery Act, which became effective in 1963, the

Federal Government was not able to recover the expense of medical services extended to one who was entitled to those services when the injury was caused by the negligence of a third-party tortfeasor. The act now gives the Government the right to join in the suit of the injured party or to proceed on its own. Through co-operation with the injured parties' attorneys, the Government has recouped millions of dollars.

The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Management's Liability For Defamation In Proxy Statements, Morton L. Berg

Cleveland State Law Review

The Securities Exchange Act of 1934 specifically provides for a dual system of regulation over securities and persons by both state securities commissions and the SEC, provided that the state authority does not conflict with the Exchange Act or consequent rules and regulations. However, there is no direction given in the Act or its rules as to whether federal pre-emption will be applied when a Commission rule attempts to abrogate the state's common law of defamation.

The Problem Of Application Of The Fault Principle To Automobile Accidents, S. Prakash Sinha

Villanova Law Review

No abstract provided.

Non-Resident Expert Testimony On Local Hospital Standards, Kent E. Baldauf

Cleveland State Law Review

This issue deals with the question of whether a medical expert witness need be a resident of the particular community in order to testify as to local hospital standards in that community. Generally, in cases involving medical malpractice, the courts have held that the expert witness must have practiced in the "same" or "similar" locality as the defendant doctor in order that his testimony be held admissible to establish the standard of medical care against which the defendant is to be held.

Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson

Cleveland State Law Review

Proof of actual malice, or even establishing that an attack in ridicule bears no relation to public conduct, seems at best, extremely difficult to bring out. The public interest in protecting itself, through criticism of those in prominence, weighs much more heavily on the scales of justice than does the interest of public figures in protecting themselves from personal attack. So go ahead and draw your cartoons, Conrad. Keep sticking pins in the kewpie dolls of America, Art Buchwald. And tell it like it is, Pogo.

Master's Defamation Of His Servant, Charles A. Caruso

Cleveland State Law Review

The question now arises, as it does so frequently when one right must be held in balance against another, is one's right to unconditionally utter any statement he so wishes subservient to another's right to a reputation free from the impairments of defamation? The question has lost its youth along with the First Amendment of the United States Constitution; yet the decisions and authority, as to which right is the more fundamental and which should be subrogated to which, are still widely divided.

Physician's Liability For Torts Of Hospital Employees, Irene E. Svete

Cleveland State Law Review

Why should a treating physician be held liable for any lack of treatment on the part of the hospital employees? On what basis can such a conclusion be reached? An agency relationship was considered as existing between the parties, making the physician liable for the actions of the hospital employees. He was the "Captain of the Ship," the one in control of the patient's treatment and care. Only he was answerable for resulting injury and death from lack of said treatment. The "Captain" will be held liable for others' negligence where the acts performed by them are under conditions where …

Torts - Governmental Tort Immunity - Legal Process - Role Of Courts In Modifying The Law, E. Kears Pollock

Duquesne Law Review

The Supreme Court of Nebraska has assumed an active role in eliminating governmental tort immunity by holding that municipal corporations are not immune from tort liability arising out of the operation of motor vehicles, where the prior immunity had not been fixed by specific legislation.

Brown v. City of Omaha, 183 Neb. 430, 160 N.W.2d 805 (1968).

Torts - Negligence - Liability Of A Lessor Of Personal Property, Janet M. Nolan

Duquesne Law Review

The Pennsylvania Supreme Court held that the lessor of a truck is not liable to lessee's passenger for injuries which resulted from acts of the lessee, and that Section 390 of the Restatement (Second) of Torts is not applicable.

Littles v. Avis Rent-A-Car System, 433 Pa. 72, 248 A.2d 837 (1969).

Book Review Of Daniel G. Baldyga's: How To Settle Your Own Insurance Claim, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

How to Settle tries to exploit the same vein mined in spectacular fashion by Norman F. Dacey, who parlayed deep dissatisfaction with the probate system and popular resentment of lawyers into a runaway best-seller. It would seem, up to this point anyway, that people more readily worry about the inevitability of death and its legal consequences than the possibility of personal injury caused by the legal fault of another. Nonetheless, How to Settle does merit some attention, at least within the confines of a specialized journal and under circumstances unlikely to promote a sales backlash, so that all its shortcomings …

Recent Developments In Products Liability Law In Pennsylvania, Warren W. Faulk

Villanova Law Review

No abstract provided.

Of Mace And Men: Tort Law As A Means Of Controlling Domestic Chemical Warfare, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The use of MACE and other chemical sprays by the police and the public has caused considerable comment and controversy during the last several years. Recognizing the seriousness of the problem, Professor Page analyzes the efficacy of present law to control the misuse of chemical sprays. In this analysis Professor Page first discusses the deve/opmellt of the use of MACE and the heated controversy that surrounds both its employment and potentially deleterious effects. He then turns to the application of intentional tort, negligence, warranty, and strict liability concepts as methods by which victims of MACE might hold the user or …