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Articles 1 - 30 of 61
Full-Text Articles in Law
Book Review, William Samore
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
Book Review, Howard L. Oleck
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
Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett
Tax Aspects Of Jury Valuation Of Future Earnings, John J. Kennett
Cleveland State Law Review
Whether or not a jury should be instructed, in a personal injury case, that its verdict is exempt from federal income taxation, has been much discussed recently. A most practical element in this problem is the difference between "gross pay" and "take-home pay" in computing the present value of future earnings, when estimating damages. The real question presented by the topic concerns impairment, or deprivation, of future earning capacity. Some of the early English cases which I shall mention considered earnings lost between the time of injury and the time of trial, in addition to the impairment of future earning …
Book Review, Jack F. Smith
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
The Pathologist And The Autopsy, Lawrence J. Mccormack
The Pathologist And The Autopsy, Lawrence J. Mccormack
Cleveland State Law Review
The autopsy, properly performed, remains one of the keystones of modern medicine. However, obtaining the legally required consent or authorization for a medical autopsy can be a complex, almost impossible task. Simplification of the legal requirements for consent throughout the United States would be a definite step forward for medicine, and would benefit society generally.
Book Review, Howard L. Oleck
Book Review, Howard L. Oleck
Cleveland State Law Review
Reviewing Melvin M. Belli, Ready for the Plaintiff, Henry Holt and Company, 1956
Matt Excell - Trial Lawyer Extraordinary, Elmer E. Mcnulty
Matt Excell - Trial Lawyer Extraordinary, Elmer E. Mcnulty
Cleveland State Law Review
One day, in the civil assignment room, Matt Excell said to me: "When the Lord made that lawyer (pointing to one) he hand-carved him, and when He was making him (pointing to another) He was called to the telephone." If his own definition were to be applied to Matthew B. Excell, he was a lawyer "hand-carved by God." This story pertains to the period in which I knew, worked and lived with him in court and in the preparation of cases for court.
The Warsaw Convention's Damages Limitations, William B. Wright
The Warsaw Convention's Damages Limitations, William B. Wright
Cleveland State Law Review
The Convention for the Unification of Certain rules relating to International Transportation by Air, popularly known as the Warsaw Convention, regulates the conditions of international transportation by air with respect to the documents used for such transportation by air with respect to the documents used for such transportation and the liability of the carrier. This paper relates particularly to the limitation this treaty places on the rights of passengers and their dependents to recover damages for personal injury or death.
Building Up To An Awful Let-Down, Robert J. Knorr
Building Up To An Awful Let-Down, Robert J. Knorr
Cleveland State Law Review
In modem construction, theoretically the duties, liabilities and warranties of those involved in a construction project ordinarily are broken down thus: The owner agrees to furnish the funds; the architect-engineer contracts to furnish experience, know-how, design, engineering plans, specifications, and supervision to assure the owner that he will receive what he requires and pays for; while the contractor agrees to furnish skilled labor,and proper material for the job. However, in actual practice, especially where the owner engages one firm to furnish the architectural drawings, specifications and supervision; another to do the necessary engineering design of the structural elements of the …
Preparation And Trial Of A Medical Malpratice Case, John J. Kennett
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 …
The Frightened Medical Witness; Or Globus Hystericus Must Go, David I. Sindell
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.
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Continuing Jurisdiction In Divorce Cases, Otto Miller Iii
Cleveland State Law Review
This paper discusses whether or not a divorce court, by granting a continuing order for support and/or alimony, thereby retains such jurisdiction over the person that it need only give notice by mail or publication before reducing an arrearage to a lump sum judgment which, under "due process" is entitled to full faith and credit in the courts of sister States. It is assumed that the court had jurisdiction over the person of the defendant at the time the order for support and/or alimony was originally granted.
Book Review, Orville J. Weaver
Book Review, Orville J. Weaver
Cleveland State Law Review
Reviewing William K. Gardner, Gradner's Bates Ohio Civil Practice, W. H. Anderson Co., 1957
Physician's View Of Whiplash Injuries Of The Neck, Paul A. Nelson
Physician's View Of Whiplash Injuries Of The Neck, Paul A. Nelson
Cleveland State Law Review
Whiplash injuries of the neck as the result of automobile accidents have attracted increased attention in recent years from both the medical and legal professions. The incidence of such injuries has risen steadily, paralleling the increase in the number of automobiles and in the number of accidents on our highways. Unfortunately, effective safety measures or changes in automobile design that might prevent or minimize these injuries have not yet been introduced. Because most whiplash injuries involve compensation and many entail litigation, the correct management of such cases both medically and legally is of considerable economic importance.
Whiplash Injuries Of The Neck, Kenneth H. Abbott
Whiplash Injuries Of The Neck, Kenneth H. Abbott
Cleveland State Law Review
The nomenclature, mechanics, pathology and symptomatology of the minor injuries to the neck incurred in the socalled whiplash injury are reviewed. The common mechanism of this injury is shown to be hyperextension with recoil into hyperflexion, causing a sprain, of the soft tissues of the neck. In the more seriously injured, there may occur tearing and even avulsion of capsular and ligamentous structures of the neck. With injury to nerves and blood vessels, associated head and lower back injuries may also occur. Less commonly bony fractures of the neck vertebrae may be found. Attention is given to the delayed symptoms …
Tort Liability For Death By Poisoning, Lawrence Landsroner
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, …
Tax Considerations In Organizing A Corporation, Marvin D. Kelner
Tax Considerations In Organizing A Corporation, Marvin D. Kelner
Cleveland State Law Review
It is almost impossible, and certainly impractical, to prepare a definitive checklist of incorporation procedures, which will guarantee complete safeguard for all of the "watchdog sections" of the present Internal Revenue Code and further guarantee the lowest tax burden for the corporation and its stockholders. The most that any careful lawyer can do is to apply known and foreseeable procedures, which have been tried and tested in the courts, to any particular company he is engaged in incorporating.
Jury Instructions On Tax Exemption In Personal Injury Cases, Edwin Knachel
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.
Hospital Immunity, Ellis B. Brannon
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 …
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Radiographic Aspects Of Whiplash Injury Of The Cervical Spine, Robert R. Wise
Cleveland State Law Review
While the mechanism of sudden forceful flexion or extension of the neck producing injuries to the ligaments bones, and nerves of the neck has long been known, the term "whiplash injury" appears not to have been used in the medical literature until 1945 when it was first used by Davis. In his paper he analyzed 134 injuries of the cervical spine resulting from automobile accidents. Since then the term has been used to designate injuries to the neck or cervical spine which result from sudden forward or backward motion of the head, excluding the obviously catastrophic injuries resulting in complete …
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing Frank C. Leyshon, The Ohio Practice Manual, W.H. Anderson Co., 1956
Premenstrual Tension In Automobile Accidents, Naoma Lee Stewart
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.
Justice Is Not Just A Word, Oscar Hunsicker
Justice Is Not Just A Word, Oscar Hunsicker
Cleveland State Law Review
Every civilized society, from the earliest dawn of history, has had some men set apart from the other members of the clan, tribe, province, state or nation, to decide controversies and issues of fact according to the best wisdom they possessed. They were (and are) the wise men of their time and age. They were and are the law men.
Psychotic Aspects Of Premenstrual Tension, Naoma Lee Stewart
Psychotic Aspects Of Premenstrual Tension, Naoma Lee Stewart
Cleveland State Law Review
What legal conclusions may be drawn from the newly developing medical understanding of premenstrual tension in women, insofar as mental competency and criminal law are concerned? That is the subject of this paper.
Psychosomatic Injury, Traumatic Psychoneurosis, And Law, Paul David Cantor
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 …
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Medical Evaluation Of Mental Pain And Suffering, Carl E. Wasmuth
Cleveland State Law Review
What the attorney calls "mental pain and suffering" and emotional disturbance is identified by the physician as stress, a concept easier to appreciate than to define. The term was probably borrowed from the language of the engineer. Selye, the chief proponent of the term in medicine, employs it to describe the effects of external influences upon the human mind and body. The lawyer seeking damages for his client on the basis of mental and emotional disturbances (mental "pain and suffering") finds proof difficult. Until the sciences supply an accurate measure of mental and emotional disturbances due to stress, the legal …
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Adopted Child's Right Of Inheritance From The Natural Parents, John R. Murphy Jr.
Cleveland State Law Review
Ohio's adoption statutes have always been under the close scrutiny of the courts, the legislatures and society. Their main purpose is to promote the welfare of adopted children, as well as to protect them. However, in their zeal to create a close relationship between the child and the adopting parent, the legislatures of several states, including Ohio, have attempted to sever the connection of blood relationship, in favor of the adopting parents. In the process they sometimes have cut off the right of inheritance between the child and the natural parent. A review of several recent cases indicates that this …
Whiplash - Defense Counsel's View, Harley J. Mcneal
Whiplash - Defense Counsel's View, Harley J. Mcneal
Cleveland State Law Review
Many words have been spoken and written on the controversial subject of whiplash injuries of the cervical spine. However, no papers have been noted which discuss the problem from the viewpoint of the defense trial attorney. From a defense standpoint, some of the medical phrases or words used by doctors today have devastating psychological effects upon jurors trying personal injury cases. The word "whiplash" is one of these "coined" words. Thus, while it is conceded that medical men are only trying to define particular injuries with preciseness, the constant use and repetition of such words or terms cause the average …
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Cleveland State Law Review
Exposure to X-rays or other radiation over and above a certain cumulative tolerance limit can be damaging to the human body. This fact is thoroughly explained in Mr. Humphrey's article on Radiation in this issue of this law review. But a person thus injured by x-ray radiation from so-called fluoroscopic fitting machines in shoe stores will find it virtually impossible to make out a cause of action in negligence against the owners and operators of the machines. Yet, use of such machines now is known to be seriously harmful, unless that use is closely controlled.
Federal Tort Claims Act Summarized, Russell E. Ake
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 …