Law Commons^™

Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice

West Virginia Law Review

No abstract provided.

Torts--Discarding The Rule Of Imputed Negligence In Automobile Cases, William Douglas Goodwin

West Virginia Law Review

No abstract provided.

Torts - Federal Tort Claims Act - Government Held To Strict Liability, Long V. U.S., 241 F.Supp. 286 (D. S.C. 1965), Richard A. Repp

William & Mary Law Review

No abstract provided.

Torts - Strict Liability For Defective Products, Salvatore J. Cucinotta

Duquesne Law Review

The Pennsylvania Supreme Court has adopted the Restatement 2d, Torts, Section 400, which provides that "one who puts out as his own product a chattel manufactured by another is subject to the same liability as though he were its manufacturer." Strict liability now applies, not only to the manufacturer of defective products unreasonably dangerous, but also to distributors of such products.

Forry v. Gulf Oil Corporation, 428 Pa. 334, 237 A.2d 593 (1968).

Torts - Damages - "Wrongful Life", Robert C. Hillen

Duquesne Law Review

The Supreme Court of New Jersey holds that negligent failure to advise of possible birth defects causing parents to forego option of abortion is not actionable by child or parents.

Gleitman v. Cosgrove, 49 N.J. 22, 227 A.2d 689 (1967).

Corporations - Piercing The Corporate Veil - Corporate Tort, Salvatore J. Cucinotta

Duquesne Law Review

The United States Court of Appeals for the Third Circuit holds that the corporate entity will be disregarded to hold a shareholder liable for a corporate tort only where the tort claimant can prove that the corporation was formed with a specific intent to escape personal liability for a specific tort or class of torts.

Zubik v. Zubik & Sons, Inc., 384 F.2d 267 (3d Cir. 1967), cert. denied, 88 S. Ct. 1183 (1968).

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Torts—Attractive Nuisance—Property Owner Not Liable For Injuries Suffered By A Child Playing With A Metal Grating Imbedded In A Public Sidewalk, Max E. Schlopy

Buffalo Law Review

Cuevas v. 73rd & Central Park West Corp., 26 A.D.2d 239, 272 N.Y.S.2d 41 (1st Dep't 1966).

Torts—Libel—False Announcement Of Betrothal Is Actionable Per Se Where The Parties Are Already Married To Others, Richard C. Spencer

Buffalo Law Review

Hinsdale v. Orange County Publications, Inc., 17 N.Y.2d 284, 217 N.E.2d 650, 270 N.Y.S.2d 592 (1966).

Torts—Libel—A Conditional Privilege To Make Non-Malicious Misstatements Concerning Participants In Public Discussion, Peter J. Brevorka

Buffalo Law Review

Pauling v. Globe-Democrat Publishing Co., 362 F.2d 188 (8th Cir. 1966), petition for cert. filed, 35 U.S.L. Week 3082 (U.S. Sept. 13, 1966) (No. 522).

Intended Use In Products Liability - Parks V. Simpson Timber Co.

Maryland Law Review

No abstract provided.

Implied Warranties In The Sale Of New Houses - Bethlahmy V. Bechtel

Maryland Law Review

No abstract provided.

Maryland Prescribes Joint Action For Negligently Caused Loss Of Consortium - Deems V. Western Maryland Ry.

Maryland Law Review

No abstract provided.

The Smith Rule And A Party's Burden Of Coming Forward When Relying On Circumstantial Evidence, Paul A. Kiefer

Villanova Law Review (1956 - )

No abstract provided.

Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott

Faculty Scholarship

Spurred by the implementation of plans in Great Britain, New Zealand, and California; and by various other federal and state proposals, the concept of state compensation to victims of violent crimes has recently become the subject of wide public interest and intensive legal debate. In essence, the concept envisages some scheme by which the victims of crimes of violence can be compensated for any losses resulting from their criminally inflicted injuries.

Before any proposals based on this conception are adopted they should be shown to have a valid theoretical framework, supported by sound legal principles, with an effective and efficient …

Ill Treatment As The Cause Of Suicide, William Weaver

Cleveland State Law Review

This paper attempts to summarize the law with respect to the liability of one whose ill treatment of another ultimately results in the suicidal death of such other.

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus

Cleveland State Law Review

In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …

Book Review, William L. Summers

Cleveland State Law Review

Reviewing Stuart M. Speiser, Recovery for Wrongful Death, Lawyers Co-operative Publishing Company, 1966

Firemen's Recovery From Negligent Landowners, Kenneth D. Stern

Cleveland State Law Review

The right of a fireman or policeman to recover from a negligent landowner for injuries suffered while the fireman or policeman is on the landowner's property in an official capacity is a question which has produced a variety of answers by the various courts. While surveys of the law in this area are available, it appears that a study of the rationale underlying the various arguments dealing with the matter iscalled for. Because of the basic similarity in the circumstances which justify the entrance of both policemen and firemen onto private property (namely, a danger to the public and to …

Negligent Design Of Sports Facilities, Bernard Mandel

Cleveland State Law Review

The scope of this note is limited to the design of sports facilities and the duties of owners and participants relative thereto. Faulty construction and faulty maintenance of the facilities are not within its purview.

Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem

Cleveland State Law Review

This article examins the liability of an abutting land owner or possessor, making special use of a public sidewalk, for injuries received by persons while on the sidewalk. An abutting owner is defined as "an owner of land which abuts, adjoins or is in close proximity." The definition includes the owner or possessor of property which abuts or adjoins land which legally constitutes a public right of way.

Landowner's Responsibility To A Social Guest, Burt C. Siebert

Cleveland State Law Review

The early common law, from which our present law has evolved, classifies persons on land into three basic categories: trespassers, licensees, and invitees. The classification determines the standard of care that is owed to these persons. The standard of care is a duty imposed upon the landowner because he is in control of his land, is presumed to know all about his land and any dangers or possible dangers that may exist, and is best able to prevent any harm to others. A "social guest" can fit into all three of the categories, as a trespasser, a licensee, or an …

Police Liability For Invasion Of Privacy, Mildred Schad

Cleveland State Law Review

No reasonable man would contend that there can be no valid invasion of privacy by police officers. But, just when do the rights of society accede to the privileges of the individual? Certain guides as to the reasonableness of a search have been determined. A search, without a search warrant, is lawful if it is incident to a lawful arrest and if the essential element of a lawful arrest, probable cause, exists.

Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner

Cleveland State Law Review

Today, automobile accidents constitute a major source of actions at law for negligence. Some of these mishaps may have sudden illness of the motor vehicle operator as the primary or contributing cause. The purpose of this note is to examine the question of sudden illness and its possible value as a defense when negligence is charged against an automobile driver.

Delay In Delivery Of Cadaver To Next Of Kin, Lawrence S. Grean, Paul Hesse

Cleveland State Law Review

The general rule is that mental suffering alone, caused by mere negligence, is non-compensable. While a majority of courts seem to hold that damages may be awarded when physical injuries result from mental anguish, even though no "impact" (contact) is involved, in most states the requirement of physical injury appears steadfast. One notable exception to this rule, however, can sometimes be found in the law relating to cadavers. Briefly stated, it holds that mental anguish suffered by the next of kin, resulting from interference with the body of the deceased, is sufficient basis for compensation, irrespective of contemporaneous physical injury. …

Building Contractor's Liability After Completion And Acceptance, James Jay Brown

Cleveland State Law Review

Schipper v. Levitt & Sons, Inc., held that a tract home-builder must defend his actions against the prima facie case established by an injured third party. The importance of this case lies in the application of a tort doctrine, previously applied exclusively to negligent acts by chattel manufacturers, to real property construction. This extension is shattering the ancient property concepts so much the bedrock of our Common Law. We will review that foundation and the old rules of non-liability as they concern the landowner, contractor, and third party, in order to grasp the significance of this new change in jurisprudential …

Police Tort Liability For Defamation, John Maxey

Cleveland State Law Review

There are many communications an officer of the law makes during the discharge of his duty. Some of these statements are made to other officers, some to the public, some to prisoners, and some to those whose aid they are soliciting in the course of their duty. Many statements which an officer makes during a day would definitely be slanderous, except for a degree of privilege which is accorded to policemen.

Municipal Immunity In Police Torts, Carol F. Dakin

Cleveland State Law Review

This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …

Res Ipsa Loquitur In Joint Tortfeasor Cases, William B. Nagy

Cleveland State Law Review

Generally it has been held that the doctrine of res ipsa loquitur is not applicable against multiple defendants where it is not shown that their liability was joint or that they were in joint or exclusive control of the injury-producing factor, or where the specific wrongdoer, among several possible, was not identified. A fundamental principle of res ipsa loquitur is that it is available to a plaintiff only when it operates substantially to identify the probable wrongdoer in a given situation. Conversely, the doctrine has been held applicable against multiple defendants where they are properly charged as joint tortfeasors on …

Battery In Medical Torts, Don S. Smith

Cleveland State Law Review

The purpose of this paper is not so much to explore when and under what circumstances a battery takes place but to deal with the problems which the classification itself creates. These include questions of the applicability of special malpractice statutes of limitation, whether an action can be maintained under the Federal Tort Claims Act, coverage under malpractice insurance policies, causation and damages, and the requirement of expert medical testimony to provide a standard against which the conduct of the defendant may be measured.