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Articles 1 - 29 of 29
Full-Text Articles in Law
What Constitutes An Assault, William H. Erickson
What Constitutes An Assault, William H. Erickson
Cleveland State Law Review
Assault, as it has been judicially defined, finds its basis in the protection against the apprehension of receiving harmful or offensive contact. It is the threshold for the more serious tort of battery, the actual contact with the person of the plaintiff. The law of assault has been developing over hundreds of years and will continue to do so. Of key importance to the tort, and the one factor more than any other which differentiates the tort of assault from other forms of intentional wrongdoing, is the element of apprehension in the mind of the victim. Without the awareness by …
Police Liability For False Arrest Or Imprisonment, John M. Manos
Police Liability For False Arrest Or Imprisonment, John M. Manos
Cleveland State Law Review
It is difficult to arrive at a valid distinction between false arrest and false imprisonment. The two causes of action are practically indistinguishable. When there is a false arrest there is a false imprisonment, but in a false arrest detention is based on asserted legal authority to enforce the processes of the law. A false imprisonment can arise between private persons for a private end with no relevance to the administration of criminal law. Our primary concern here, of course, is solely with a detention under color of law. This article purports to describe the various situations in which an …
Negligent Operation Of A Police Vehicle, Harvey S. Morrison
Negligent Operation Of A Police Vehicle, Harvey S. Morrison
Cleveland State Law Review
As a general rule a police officer on an emergency call is required to exercise the care which a reasonable, prudent man would exercise in the discharge of official duties of a like nature under like circumstances. Comparing this standard of care to that required of a civilian driver, one finds not that a lesser degree of care is required of the police officer but that the care exercised must be commensurate with the circumstances. The ordinary driver under ordinary circumstances uniformly has the duty to exercise ordinary care toward other travelers to avoid injury or property damage. The police …
Battery In Medical Torts, Don S. Smith
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.
Title Insurance Aspects Of Tort Liability, Dean T. Lemley
Title Insurance Aspects Of Tort Liability, Dean T. Lemley
Cleveland State Law Review
By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.
Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii
Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii
Cleveland State Law Review
The purpose of this article is to determine the factors which currently persuade courts to set aside releases under the doctrine of mutual mistake. Therefore, cases involving fraud, misrepresentation, overreaching, or unilateral mistake are outside the scope, except as they shed light on the doctrine's application. We shall consider first those cases where there is thought to be no personal injury at the time of releasing, and then those where some personal injury is known, but where it could be said that there exists a material unknown injury. Let it be noted that, as will be shown, if the releasor …
Ill Treatment As The Cause Of Suicide, William Weaver
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.
Delay In Delivery Of Cadaver To Next Of Kin, Lawrence S. Grean, Paul Hesse
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. …
Landowner's Responsibility To A Social Guest, Burt C. Siebert
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 …
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Cleveland State Law Review
The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
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.
Laboratory Accident Liability: Academic And Industrial, Thomas M. Schmitz, Ralph K. Davies
Laboratory Accident Liability: Academic And Industrial, Thomas M. Schmitz, Ralph K. Davies
Cleveland State Law Review
Educational institutions are not expected to be insurers of a student's safety; however, schools must exercise that degree of care required to avoid a negligent disregard of the potential dangers inherent in academic chemical experimentation. Industry must likewise exert due care to avoid unnecessary exposure of the industrial chemist to unreasonable dangers. Injuries sustained in the industrial research laboratory may be recoverable under workmen's compensation statutes or under tort law. The industrial chemist assumes a limited risk, but he does not assume the perils of his employer's negligence.
Brake Failure As Negligence Per Se, Otto J. Danker
Brake Failure As Negligence Per Se, Otto J. Danker
Cleveland State Law Review
Although numerous automotible accidents have been caused by brake failure, the courts have yet to concur on a rule as to the drivers' liability when the brakes fail without the driver's knowledge that they were defective. In Ohio, the driver is held to be negligent per se for the injuries resulting from an unforeseen brake failure.
Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus
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
Book Review, William L. Summers
Cleveland State Law Review
Reviewing Stuart M. Speiser, Recovery for Wrongful Death, Lawyers Co-operative Publishing Company, 1966
Building Contractor's Liability After Completion And Acceptance, James Jay Brown
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 …
Firemen's Recovery From Negligent Landowners, Kenneth D. Stern
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 …
Defectively Designed Highways, Steven J. Erlsten
Defectively Designed Highways, Steven J. Erlsten
Cleveland State Law Review
There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …
Negligent Design Of Sports Facilities, Bernard Mandel
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.
Bowling Alley Tort Liability, Matthew J. Koch
Bowling Alley Tort Liability, Matthew J. Koch
Cleveland State Law Review
Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.
Abutting Owner's Liability For Special Use Of Sidewalk, James H. Stethem
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.
Landlord's Liability For Ice And Snow, Michael R. Gareau
Landlord's Liability For Ice And Snow, Michael R. Gareau
Cleveland State Law Review
The relation of landlord and tenant creates rights and liabilities for each. The landlord who rents a part of his premises and retains a portion thereof which is used in common by all of the tenants is deemed to have retained control of such portion and a duty is imposed upon him to keep it in a reasonably safe condition.Since the landlord has the obligation to keep the common ways in a reasonably safe condition, the question arises whether or not this obligation is imposed upon a landlord where the common areas are rendered unsafe due to accumulations of ice …
Covenant To Repair As Evidence Of Landlord's Control, Edmund Button
Covenant To Repair As Evidence Of Landlord's Control, Edmund Button
Cleveland State Law Review
An exception to the rule that the tenant and not the landlord is liable for defective conditions of leased premises has for its basis the landlord's promise or covenant to repair. Unlike other exceptions, this one is neither well defined nor uniformly applied through-out the states. How the courts construe the landlord's promise to repair as affecting his liability in tort is the concern of this note.
Warsaw Convention: Treaty Under Pressure, Jay Levine
Warsaw Convention: Treaty Under Pressure, Jay Levine
Cleveland State Law Review
The major United States and foreign airlines have agreed to absolute liability for provable damages up to $75,000 for injury or death of passengers on Warsaw Convention flights to, from, or stopping in, the United States. For the vast majority of Americans on international flights, the Agreement disposes of the Convention's liability limit of $8,300.3 And the Lisi opinion of the Second Circuit may make the Convention a dead letter for accidents occurring before the Agreement.
Police Liability For Invasion Of Privacy, Mildred Schad
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.
Police Tort Liability For Defamation, John Maxey
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
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 …
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Cleveland State Law Review
Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …
Res Ipsa Loquitur In Joint Tortfeasor Cases, William B. Nagy
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 …