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"Intended Use" And The Unsafe Automobile: Manufacturers' Liability For Negligent Design - Larsen V. General Motors Corp.

Maryland Law Review

No abstract provided.

Wife's Action For Loss Of Consortium, Keith E. Spero

Cleveland State Law Review

Legal writers have long maintained that a wife should be allowed to bring an action for loss of consortium, even though the injury to her husband was due to the negligence-as opposed to the intentional misconduct-of the defendant. Most courts have traditionally held, however, that a wife has no such cause of action, advancing such reasons as a fear that the injury to the wife is too remote or indirect, that to allow the action would result in a double recovery to husband and wife for the same injury, and that since a wife has no legal right to her …

Damages In Wrongful Death Actions, Stanley B. Kent

Cleveland State Law Review

It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …

Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams

Cleveland State Law Review

Ordinarily, there is a legally enforceable right to recover damages for libelous statements. On the other hand, newspapers enjoy a constitutionally guaranteed right of free press. Free press however is not synonymous with a license to libel and newspapers normally stand in no better position than any other member of the community in defense of libel suits.

The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio

Cleveland State Law Review

In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.

Report On Product Safety: Household Goods

Indiana Law Journal

No abstract provided.

The Collateral Source Rule And Personal Injury Damages: The Irrelevant Principle And The Functional Approach (2 Parts), Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein

Law Faculty Publications

The past decade has seen dramatic developments in the law of products liability. There has been liberalization of the exclusive control requirement of res ipsa Ioquitur, Iegislative and judicial relaxation of the privity requirement, and creation of a new theory of recovery - strict liability in tort. Consequently, many jurisdictions now offer three theories of recovery to persons injured through use of a defective product: negligence, breach of warranty, and strict liability in tort. Although the recent products liability developments have been extensively treated both by courts and by commentators, numerous problems remain. One of the most pressing problems is …

A Eulogy For The Old Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Torts—Comparative Negligence—A Court Moves To Strike The Arbitrary Doctrine Of Contributory Negligence, Arthur M. Gellman

Buffalo Law Review

Maki v. Frelk, 229 N.E.2d 284 (Il. App. 1967).

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 …

Horseplay By Employees, Howard L. Oleck

Cleveland State Law Review

A principal type of practical joke (horseplay) injury is that caused by workmen trying to lighten the dull routine of work by playful funmaking. This involves the well established liability of a master for the torts of his servant done in the course and scope of the employment. It also involves the well-known limitation on respondeat superior that results when an employee in effect abandons his employment by making a detour from his business route, or by engaging in "a frolic of his own." This body of law has been greatly limited and changed (but not totally abolished) by enactment …

Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman

Cleveland State Law Review

This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere.

Accoutants' Liability To Third Parties, Robert Stern

Cleveland State Law Review

The legal relationships within the accounting profession are currently in a state of uncertainty caused by both internal and external forces. Due to fairly recent developments of the law widening the breadth and scope of its potential liability, the accounting profession, in an effort to more precisely define and clarify its moral and legal duties, "is deeply involved in a great debate over how precisely accounting principles should be defined and how rigidly enforced." Some spectacular lawsuits recently ". . . tend to reflect the growing responsibilities and hazards of the accounting profession in an age of increasingly complex international …

Res Ipsa Loquitur In Medical Malpractice, Rudolf F. Binder

Cleveland State Law Review

The "Cloak of Protection encompassing the physician in the practice of his profession" is no longer to be taken for granted. Recent decisions in Alaska, California, Louisiana, Oregon, and Wisconsin have swept aside the traditional limitations in the use of the res ipsa loquitur doctrine. They impose all but strict liability upon the medical profession for mistakes occurring during treatment or surgery.

How Far May Newspapers Go In Criticizing, Richard Szilagyi

Cleveland State Law Review

Any written or printed article which is false and is conveyed by publication to third parties is defamatory or "libelous." That is, it is actionable if it tends to subject the plaintiff to hatred, scorn, ridicule, public contempt or disgrace; or if it induces a substantial number of respectable community members to avoid, shun, or deprive him of their friendly association, even though the defamation imputes no moral turpitude to him. Despite a long history of judicial decisions and numerous discussions and writings by the legal profession, there are few areas of the law so unsettled as the law of …

Medical Malpractice—The Medical And Legal Aspects Of The Post-Prostatectomy Urinary Incontinence Suit, Paul L. Friedman

Buffalo Law Review

No abstract provided.

The Hospital's New Responsibility, Arthur F. Southwick

Cleveland State Law Review

The focus for this discussion is the hospital as a corporate institution and its liability for injuries caused a patient or visitor. The fundamental question is: What legal duties does the hospital and its personnel owe the patient or the visitor? To attempt an answer to this question one must first have an understanding of the role and nature of a hospital in modern society.

Liability For Leaving A Firearm Accessible To Children, William C. Gargiulo

Cleveland State Law Review

Enmeshed in the right to possess a firearm is the duty of care. Thus, the duty of care applies not only to using a firearm, but also to safeguarding the firearm from reasonably anticipated improper use by others. The liability of a person for permitting, or for leaving, a firearm accessible to children has been based upon failure to exercise the required duty of care in regard to a dangerous instrumentality.It is the objective of this note to consider whether or not the doctrine of absolute liability should be extended to hold that when a person permits a child to …

Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham

Michigan Law Review

The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …

Slumlordism As A Tort--A Brief Response, Joseph L. Sax

Michigan Law Review

Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.

Torts (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Torts, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Torts--Negligence--Negligence Per Se As Proximate Cause Of Injury In "Fall-Down" Cases, William S. Cooper

Kentucky Law Journal

No abstract provided.

Basic Protection And The Future Of Negligence Law, Robert E. Keeton

University of Richmond Law Review

Coming to full flower only in the nineteenth century,' negligence law is still a tender young plant among the hardy redwoods of legal history. Yet the jeopardy in which it stands is due not to its youth but to its aging inflexibility-to its failure to adapt to the era of the automobile. This is not to say that its end is at hand. Rather, a future of some kind for negligence law seems assured. The questions in doubt are what kind and for how long. The surest way of causing it to be inglorious and brief is to continue to …

Recent Legislation

University of Richmond Law Review

This is a summary of the legislation that came out in 1968.

Common Problems And Uncommon Solutions In The Law Of Tort: A Comparative Study, Ferdinand F. Stone

Georgia Law Review

Let us begin with a problem which, as Alice might remind us, comes at the beginning, namely, when does the right to life begin? Is it at conception? Or at the quickening? Or at birth, or only after the child has lived for a certain period of time, thus demonstrating its intention to take living seriously? It is understandable that to primitive legal systems, the answer was clear: human life and legal personality begin only at birth, when there was present a demonstrable human being which the law could recognize and protect.

As is well known, the rest of the …

An Alternative To The Georgia Claims Advisory Board: State Tort Liability, R. P. R.

Georgia Law Review

"[O]ne of the mysteries of legal evolution"' has been the persistence of many states to retain immunity from tort liability. Only a few states, moti- vated by criticism coupled with a growing awareness of public responsibility, have enacted legislation to assume responsibility in this realm. Unfortunately, however, a majority of the states have refused to follow this enlightened trend, and the result has been that the general welfare of the citizens of these states has not been adequately protected.

This majority includes the State of Georgia. The Georgia courts have consistently maintained that the state cannot be sued without its …

Single-Corporation Competitive Torts And The Sherman Act: A Projection Based Upon A Review Of The Albert Pick, Atlantic Heel And Perryton Cases, John H. Boone

Georgia Law Review

WITH the current vogue for new theories of antitrust liability, due in no small part to the increasing popularity of the private action, it is appropriate to consider the proper application of antitrust concepts to single-corporation competitive torts. Numerous unfair business practices have been conveniently classified under the general label of "competitive tort" because of the lack of uniformity in the application of the term "unfair competition." While as yet not widely accepted, the term "competitive tort" has the advantage of de- noting a more clearly ascertainable array of private wrongs arising in an economic or business context,2 all of …

Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor, Jr.

Georgia Law Review

DURING its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: To describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; to …