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Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris Jan 1957

Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris

Cleveland State Law Review

On July 18, 1956, the Supreme Court of Ohio handed down its decision in the case of Avellone v. St. John's Hospital, reversing nearly fifty years of Ohio law and repudiating the limited immunity doctrine as it had heretofore existed. This monumental decision raises two questions of extreme importance which seem to be left unanswered and which will unquestionably be the subject of further litigation. Those questions are: 1. Is the scope of the Avellone decision limited solely t ohospitals or are all charities deprived of immunity? 2. Has Ohio adopted the New York Rule?

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Appeasement Of Tort Claimants, S. Burns Weston Jan 1957

Appeasement Of Tort Claimants, S. Burns Weston

Cleveland State Law Review

Justice does not always mean that a case should be tried. By the same token, justice does not always mean that every case should be settled without trial. One of our difficulties is that too often there is more interest in the expedient settlement of differences between litigants than in a judicial determination of rights according to principles of law.

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Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel Jan 1957

Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel

Cleveland State Law Review

The practical aspects of instructing a jury that the amount of its verdict in a personal injury case is exempt from federal income taxation, of course, relate to the trend of the times. Jury verdicts in personal injury cases throughout the United States have been increasing in amount due to the booming economy of our times and the inflation of the dollar.

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Preparation And Trial Of A Medical Malpratice Case, John J. Kennett Jan 1957

Preparation And Trial Of A Medical Malpratice Case, John J. Kennett

Cleveland State Law Review

Law implies from the employment of a doctor contract that the doctor will diagnose and treat his patient with that degree of skill and learning which is possessed by the average member of his profession in the community in which he practices. A doctor licensed to practice is presumed to possess such skill and learning. He does not incur liability for his mistakes if he has used methods, in his diagnosis and treatment, recognized and approved by the average member of the medical profession practicing in his community. A doctor's negligence in departing from the standard of practice in his …

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Product Warranty Liability, Lee E. Skeel Jan 1957

Product Warranty Liability, Lee E. Skeel

Cleveland State Law Review

Much has been said about the liability of a manufacturer to a sub-purchaser for injuries caused by his products. Actions against manufacturers, if based on the theory of negligence, offer obvious difficulties of proof. Actions based on implied or even express warranties often are defeated by lack of contract privity. There is however, a widespread misconception of the true nature of warranty. This misconception must result in unjust decisions in some cases. It therefore is desirable that the true nature of warranty be analyzed. Such analysis may disclose the proper relation of an express or implied warranty to the injury …

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Investigation Of Negligence Claims, Martin J. Welsh Jan 1957

Investigation Of Negligence Claims, Martin J. Welsh

Cleveland State Law Review

Actual investigations of negligence claims do not differ in very many respects, whether you investigate for the plaintiff's or the defendant's side. The attorney, after getting a complete set of facts from his client, and the details of the accident as his client saw it, then must determine whether or not he has a sound case.

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Book Review, Howard L. Oleck Jan 1957

Book Review, Howard L. Oleck

Cleveland State Law Review

Reviewing Melvin M. Belli, Ready for the Plaintiff, Henry Holt and Company, 1956

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Book Review, Jack F. Smith Jan 1957

Book Review, Jack F. Smith

Cleveland State Law Review

Reviewing Fowler V. Harper and Fleming James, Jr., The Law of Torts, Little, Brown & Company, 1956

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Book Review, William Samore Jan 1957

Book Review, William Samore

Cleveland State Law Review

Reviewing Harry A. Gair and A.S. Cutler, Negligence Cases: Winning Strategy, Prentice-Hall, Inc., 1957 and Leon Green, Wex S. Malone, Willard H. Pedrick, James A. Rahl, Cases on the Law of Torts, West Publishing Company, 1957

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Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor Jan 1957

Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor

Cleveland State Law Review

This paper deals with court decisions on liability claims for injuries to the mind rather than for broken bones alone. This subject now is as important to practitioners and students of the law as it long has been to medical men. Much medical knowledge is now reflected in new interpretations by the courts, so that today the legal fact is established that a person's emotional security as well as his physical security must be protected and compensated. The author's purpose is to focus attention on the developments of recent years as well as those of earlier times, and to demonstrate …

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Tort Liability For Death By Poisoning, Lawrence Landsroner Jan 1957

Tort Liability For Death By Poisoning, Lawrence Landsroner

Cleveland State Law Review

Liability in deaths resulting from accidental ingestion of harmful material, toxic food, or drug product often is difficult to ascertain. Lack of compliance with the Federal Food and Drug Statutes, or with the State or Municipal Code, often is the critical problem. Determination of liability in these cases usually rests on one of three major bases, in cases involving manufacturers and distributors: (a) That the product is improperly labeled. (b) That it is not labeled in compliance with the municipal, state or federal laws. (c) That it is an inherently dangerous product. If any one of these bases is established, …

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Federal Tort Claims Act Summarized, Russell E. Ake Jan 1957

Federal Tort Claims Act Summarized, Russell E. Ake

Cleveland State Law Review

To attempt a brief summary of the Federal Tort Claims Act may be likened to an attempt to explain atomic energy in ten words. But such a summary may be of some usefulness to our esteemed adversaries - the plaintiff's counsel in FTCA cases. Like most statutes, both state and federal, the text of this Act is encompassed within a few paragraphs. Then there follows a welter of interpretations, exceptions, and constructions. However, I shall attempt to hit the high spots and see if we can't come at least to a general understanding of what it's about and what it …

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Torts--Charitable Immunity From Tort Liability In Kentucky, H. Wendell Cherry Jan 1957

Torts--Charitable Immunity From Tort Liability In Kentucky, H. Wendell Cherry

Kentucky Law Journal

No abstract provided.

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Torts—Fair Comment, Hugh Russ Jr. Jan 1957

Torts—Fair Comment, Hugh Russ Jr.

Buffalo Law Review

Julian v. American Business Consultants, Inc ., 2 N. Y. 2d 1, 137 N. E. 2d 1 (1956).

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Torts—Slander Per Se, Edwin Illardo Jan 1957

Torts—Slander Per Se, Edwin Illardo

Buffalo Law Review

Gurtler v. Union Parts Mfg. Co., 1 N. Y. 2d 5, 132 N. E. 2d 889 (1956).

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Torts—Duty To Warn Of Road Hazards, Tamara Pasichniak Jan 1957

Torts—Duty To Warn Of Road Hazards, Tamara Pasichniak

Buffalo Law Review

McDevitt v. State, 1 N. Y. 2d 540, 136 N. E. 2d 845 (1956).

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Torts—Pleading Elements Of Negligence, Weston Wardell Jr. Jan 1957

Torts—Pleading Elements Of Negligence, Weston Wardell Jr.

Buffalo Law Review

Howard Stores Corp. v. Pope, 1 N. Y. 2d 110, 134 N. E. 2d 63 (1956).

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Torts—Duty To Act, Tamara Pasichniak Jan 1957

Torts—Duty To Act, Tamara Pasichniak

Buffalo Law Review

Kimbar v. Estis, 1 N. Y. 2d 399, 135 N. E. 2d 708 (1956).

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Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart Jan 1957

Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart

Cleveland State Law Review

The scope of possible legal problems involved in the existence of this physical and mental dysfunction caused by premenstrual is very wide. For the sake of brevity the writer would like to separate the discussions of criminal and civil responsibility, and make this initial study one which is specifically limited to the civil rights and liabilities of women involved in automobile accidents. It is emphasized that the effects of premenstrual tension in torts are not as clearly pertinent as they are in crimes. But they are pertinent.

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The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell Jan 1957

The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell

Cleveland State Law Review

This article is written on behalf of the many trauma patients and their trial attorneys who discover to their horror, that their important medical witness - the "attending" doctor, - suffers from "Globus Hystericus". It is hoped that this paper may prove to be the elusive Rx to cure some difficulties raised by those few physicians (and yet there are too many) who hide their fear of the witness chair behind lame excuses, or even behind flat refusals to testify.

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Agency Problems In Motor Carrier Cases, Craig Spangenberg Jan 1957

Agency Problems In Motor Carrier Cases, Craig Spangenberg

Cleveland State Law Review

Some special considerations apply to the problems of agency in cases involving motor carriers. The questions here presented are viewed in the light of the operating practices which obtain in the industry. Relatively few tractor-trailer or truck trailer outfits are owned by the certified carrier. The equipment is usually owned by an individual, who may drive it himself as an owner-driver; or may hire his own driver and lease the equipment and driver together to the carrier. The lease may be for a single movement only, covering one trip from a stated origin to a stated terminal; or may be …

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Consent To Surgical Procedures, Carl E. Wasmuth Jan 1957

Consent To Surgical Procedures, Carl E. Wasmuth

Cleveland State Law Review

Case law relating to surgical consent is fairly well settled. A review of the numerous decisions on this question can be summed up with a general statement: If the patient freely consults the physician, understands the operation contemplated, enters the hospital, and submits to the operation, consent is implied. This consent to a surgical operation is a privilege that the patient extends to the surgeon to commit trespass to the person.

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Hospital Immunity, Ellis B. Brannon Jan 1957

Hospital Immunity, Ellis B. Brannon

Cleveland State Law Review

An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act …

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Book Review, Howard L. Oleck Jan 1957

Book Review, Howard L. Oleck

Cleveland State Law Review

Reviewing Welcome D. Pierson, Editor-in-Chief, Defense Law Journal, Allen Smith Co., 1957 and The Defense Attorney and Basic Defense Tactics, Bobbs-Merrill Co., 1956

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Reforms Needed In Negligence Practice, Howard L. Oleck Jan 1957

Reforms Needed In Negligence Practice, Howard L. Oleck

Cleveland State Law Review

Negligence lawyers now often are classed with criminal lawyers, in public opinion, as the "black sheep" of the legal profession. In the minds of many average Americans, there is something vaguely disreputable about lawyers who specialize in plaintiffs' personal injury practice. Nor is defense practice deemed to be without blemish. That public opinion now is so well established, rightly or wrongly, that it no longer can be ignored.

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Torts - Misrepresentation - Knowledge Of Falsity Unnecessary, Gerald D. Rapp Jan 1957

Torts - Misrepresentation - Knowledge Of Falsity Unnecessary, Gerald D. Rapp

Michigan Law Review

Defendant, a real estate broker, while showing plaintiffs a house which they subsequently purchased told them that the walls of the house were of tile construction with imitation stone on the outside. Defendant reasonably believed this to be true, although the walls actually had been cleverly constructed of earth, clay, and straw with a plaster covering on the inside and a tarlike preparation on the outside covered with a thin veneer of imitation stone, completely concealing their true nature. Purchasers brought an action, on the theory of deceit, against the broker to recover damages. A jury verdict for plaintiffs was …

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Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day Jan 1957

Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day

Michigan Law Review

The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …

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Agency - Apparent Authority - Liability Of Corporation On Unauthorized Note Of General Manager, Thomas A. Troyer Jan 1957

Agency - Apparent Authority - Liability Of Corporation On Unauthorized Note Of General Manager, Thomas A. Troyer

Michigan Law Review

Welch, the general manager, executive vice-president, treasurer, and director of petitioner corporation, requested that respondent, a salesman employed by the corporation, loan petitioner $25,000. Respondent complied, and Welch executed and delivered to respondent a note for the amount of the loan, signed by himself as vice-president and treasurer. After Welch had appropriated the money to his own uses, respondent obtained a judgment by confession against petitioner on the note. On trial of a petition to open the judgment, held, dismissed. Welch had acted with apparent authority in giving respondent petitioner's note, respondent had reasonably relied upon this appearance in …

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Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed. Jan 1957

Torts - Parent And Child-Doctrine Of Parental Immunity, Julian J. Linde S.Ed.

Michigan Law Review

Plaintiff, a minor, sustained injuries in a collision which occurred while he was riding in a car owned and driven by defendant, his father. The complaint alleged that defendant was guilty of willful and wanton misconduct, consisting of speeding on a wet road on a foggy night and of running a stop light. A motion to dismiss on the ground that the suit was contrary to public policy was sustained. On appeal, held, reversed. The doctrine of parental immunity is inapplicable to cases of willful and wanton misconduct. Nudd v Matsoukas, (III. 1956) 131 N.E. (2d) 525.

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Strict Liability And The Federal Tort Claims Act, Robert C. Cetrulo Jan 1957

Strict Liability And The Federal Tort Claims Act, Robert C. Cetrulo

Kentucky Law Journal

No abstract provided.

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