Law Commons^™

Damages Recoverable For Wrongful Death, Stuart L. Craig

University of Richmond Law Review

The Virginia Legislature at the 1968 session of the General Assembly amended Section 8-636 of the Code of Virginia and thereby altered drastically both the amount and the method of distribution of damages recoverable under Virginia's Wrongful Death Act.' Only the section dealing with damages and the distribution thereof was altered, but the amendment changed substantially those entitled to an award of damages for financial or pecuniary loss and the conditions prerequisite to recovery for such loss.

Liability For Transfusions Of Hepatitis Infected Blood

University of Richmond Law Review

Legal resolution of the liability of a supplier of a useful and desirable product which, in the present state of human skill and knowledge, is unavoidably and necessarily dangerous to the user is fraught with difficulty. A major portion of the law in this area revolves around cases of hepatitis resulting from blood transfusions. The crucial problem encountered is the nondetectibility of the hepatitis virus in the blood donor. Even though no specific viral detection test has been perfected which can be applied practically to blood banking or plasma pooling, recent observations hold promise for a more accurate method of …

Parental Immunity- Automobile Negligence

University of Richmond Law Review

An action between a parent and his minor child was not prohibited at common law. In fact, the child was allowed redress in matters concerning his property. However, no action in tort for personal injuries was ever recorded.

Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury

University of Richmond Law Review

Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.

Standard Of Care For Medical Practitioners--Abandonment Of The Locality Rule, Katherine Randall Bowden

Kentucky Law Journal

No abstract provided.

Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin

Faculty Scholarship

Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …

Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio

St. Mary's Law Journal

Abstract Forthcoming.

Ice Cream Truck Vendor Has Duty Of Due Care To Protect His Minor Business Invitees; Whether He Breaches This Duty And, If So, Whether Such Breach Is The Proximate Cause Of A Patron's Injury Is A Fact Question, Precluding Summary Judgment., Charles J. O'Connor

St. Mary's Law Journal

Abstract Forthcoming.

Some Recent American Developments In The Protection Of Know-How, William D. Hawkland

Buffalo Law Review

No abstract provided.

Libel Per Quod In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

The purpose of this article is to trace the development of the rules of defamation with particular reference to extrinsic fact. A defamatory communication is one that tends to diminish the esteem, respect, good will, or confidence in which a person is held or to excite adverse, derogatory, or unpleasant feelings or opinions against him. To be actionable under the modem law, however, the defendant's statement must be capable of a defamatory meaning in the sense normally understood.

Defamation consists of the separate torts of libel and slander. Historically, these torts evolved independently of each other, and as a result …

Nuisance—Permanent Damages Awarded In Lieu Of An Injunction Where Resultant Damage From Nuisance Was Substantial, Bruce V. Weitzen

Buffalo Law Review

Boomer v. Atlantic Cement Company, Inc., 26 N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312 (1970).

Liability For Blood Transfusions Resulting In Serum Hepatitis, George S. Newman

William & Mary Law Review

No abstract provided.

Products Liability - Breach Of Warranty - Danger Invites Rescue. Guarino V. Mine Safety Appliance Co., 25 N.Y.2d 460, 255 N.E.2d 173, 306 N.Y.S.2d 942 (1969), William M. Musser Iii

William & Mary Law Review

No abstract provided.

Torts--Product Liability

West Virginia Law Review

No abstract provided.

Land-Based Seaman: Recovery For Off-The-Job Injuries

Washington and Lee Law Review

No abstract provided.

Strict Liability Unmasked: The Applicable Statute Of Limitations

Washington and Lee Law Review

No abstract provided.

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.

Statutes Of Limitations: Their Selection And Application In Products Liability Cases, Larry T. Thrailkill

Vanderbilt Law Review

The development of products liability law has followed an arduous course, especially during the past 70 years.' Many serious problems have arisen out of consumer attempts to obtain redress from manufacturers of defective products. Many of these problems have been resolved, but the problem of selecting and applying the appropriate statute of limitations persists, causing confusion among jurists, legislators, and practitioners and yielding inconsistent and inequitable results. A hypothetical will illustrate the problem and provide a factual context within which the problem may be discussed.

In 1970, Plaintiff is injured and his home destroyed when a gas water heater explodes. …

Products Liability - The Blood Transfusion As A Sale. Cunningham V. Macneal Memorial Hospital, __Ill. App. 2d __, 251 N.E.2d 733 (1969), Charles W. Boohar

William & Mary Law Review

No abstract provided.

Constitutional Law - Due Process - Jurisdiction Over Alien Corporation In Products Liability Action. Duple Motor Bodies, Ltd. V. Hollingsworth, 417 F.2d 231 (9th Cir. 1969), Richard B. Blackwell

William & Mary Law Review

No abstract provided.

Civil Procedure—Contract, Not Tort, Statute Of Limitations Applicable In Action For Breach Of Implied Warranty For Particular Use., Miles Kavaller

Buffalo Law Review

Mendel v. Pittsburgk Plate Glass Co., 25 N.Y. 2d 340, 253 N.E.2d 207, 305 N.Y.S.2d 490 (1969).

Judicial Creation Of Direct Actions Against Automobile Liability Insurers: Shingleton V. Bussey, Jason G. Reynolds

Vanderbilt Law Review

Elizabeth R. Bussey commenced a negligence action in a Florida state trial court against Frances R.B. Shingleton for damages sustained in an automobile mishap. The accident itself was a rather ordinary rear-end collision. Out of the ordinary, however, was the fact that the plaintiff joined as a party defendant Shingleton's liability insurer, Nationwide Mutual Insurance Company. The trial judge, following the insurance policy's non-joinder provisions' and the weight of authority in Florida and elsewhere, granted Nationwide's motion that it be dismissed as a party defendant. Plaintiff appealed this order to the Florida District Court of Appeal on the theory that, …

Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski

Faculty Scholarship

No abstract provided.

Torts—Strict Products Liability For Retailers?—Ulmer V. Ford Motor Co., 75 Wash. Dec. 2d 537, 452, P.2d 729 (1969), Anon

Washington Law Review

In Ulmer v. Ford Motor Co. the Washington plaintiff brought suit against the manufacturer of an automobile which had gone out of control and crashed into a cement abutment due to a defectively installed "A frame" pivot bolt. Plaintiff, whose theory of recovery was based on strict liability, was denied relief in the trial court. The Supreme Court of Washington reversed and remanded, adopting the Restatement (Second) position and holding that plaintiff's theory reflected the import of cases previously decided by the court under the theory of breach of implied warranty. The court abandoned the implied warranty theory of recovery, …

Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer

Buffalo Law Review

No abstract provided.

As A Matter Of Law, Carrier Had Fulfilled Its Duty To Passengers When Its Driver After Warning Certain Passengers To Quieten Down, Left The Bus To Summon The Police, And A Passenger Was Injured In His Absence, As There Was No Duty To Remove, Restrain, Or Eject Assailant., Donato D. Ramos

St. Mary's Law Journal

Abstract Forthcoming.

Torts - Liability For The Endorser Of A Product - Hanberry V. Hearst Corp., __Cal. App. 3rd __, 81 Cal. Rptr. 519 (1969), Bruce E. Titus

William & Mary Law Review

No abstract provided.

Product Liability--Innocent Bystanders

West Virginia Law Review

No abstract provided.

Tort - Common Carrier - Duty Of Care, Paul F. Barchie

Duquesne Law Review

No abstract provided.

Torts - Damages - "Impact Rule", Frank M. Mcclellan

Duquesne Law Review

The Pennsylvania Supreme Court has held that plaintiff could recover for physical injuries resulting from fright and shock without showing a physical impact if plaintiff was in danger of physical impact because of the direction of a negligent force against him.

Niederman v. Brodsky, ___ Pa. ___ , 261 A.2d 84 (1970).