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Articles 1 - 30 of 61
Full-Text Articles in Law
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 …
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 …
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.
Appeasement Of Tort Claimants, S. Burns Weston
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.
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.
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 …
Investigation Of Negligence Claims, Martin J. Welsh
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.
Agency Problems In Motor Carrier Cases, Craig Spangenberg
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 …
Book Review, Chester B. Gynn Jr.
Book Review, Chester B. Gynn Jr.
Cleveland State Law Review
Reviewing Milton R. Friedman, Contracts and Conveyances of Real Property, Callaghan & Company, 1954
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.
Causation: A Medico-Legal Battlefield, Albert Averbach
Causation: A Medico-Legal Battlefield, Albert Averbach
Cleveland State Law Review
In the court room, the trial lawyer strives to introduce medical testimony as to the cause of a condition or disease. Resort in many instances is made, through a hypothetical question to a non-attending physician, as to whether or not the accident described was a competent cause of a later-described or assumed condition, or "might," "could, "would," or "was" competent to have caused it. A great conflict exists in the various states as to the permissible range of inquiry in such cases, depending upon the particular jurisdiction's interpretation of the requirement that medical opinions must be reasonably certain or reasonably …
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 …
Postmortem Examinations, S.R. Gerber
Postmortem Examinations, S.R. Gerber
Cleveland State Law Review
Postmortem examination is frequently considered to be a synonymous term for autopsy. However, literally any examination performed after death is a postmortem examination. All examinations of cases received at coroners' offices are performed postmortem. These examinations vary in extent, depending upon the circumstances and developments disclosed upon investigation by police and others.
Attorneys' Malpractice, William K. Gardner
Attorneys' Malpractice, William K. Gardner
Cleveland State Law Review
An attorney is not an insurer of the result of a case in which he is employed, without a special contract to that effect, nor can more than ordinary skill, care and diligence be required of him without such contract; and where an attorney has acted in good faith and with a fair degree of intelligence in the discharge of his duties under the usual implied contract, any error which he may make must be so gross as to render wholly improbable any disagreement among good lawyers as to the manner of the performance of the services in the given …
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Discipline By Teachers In Loco Parentis, Don R. Bridinger
Cleveland State Law Review
This article attempts to survey the legal aspects of one problem of modern American schools - the problem of discipline and control of pupils.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.
Cleveland State Law Review
Control exercised by the federal civil courts over courts-martial differs from that found in other types of cases involving the relation of federal and state courts. The federal civil courts are constitutional courts; the military courts are administrative courts established by Congress and empowered by the Constitution; while state courts receive their power from entirely different sovereigns. Thus, to determine the powers of review which federal civil courts have over courts-martial, reference must be made almost exclusively to cases involving courts-martial.
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
Book Review, Heinz Gasser
Book Review, Heinz Gasser
Cleveland State Law Review
Reviewing Howard L. Oleck, Damages to Persons and Property, Central Book Company, 1957
Book Review, William K. Gardner
Book Review, William K. Gardner
Cleveland State Law Review
Reviewing William E. Knepper and Grant S. Richards, The Ohio Manual of General Practice, Allen Smith Company, 1956
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 …
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.
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, …
Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe
Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe
Cleveland State Law Review
The office of the Attorney General of Ohio was established by the Constitution of 1851 in Article XII, Section 1. The duties of the Attorney General and the functions of the Office are prescribed by statute. That places the Attorney General as the last of our statutory officers in Ohio. The Attorney General, if there was any before the Constitution of 1851, served at the pleasure of the Governor as a legal advisor. And some of the things I shall say later reflect the importance of making this a Constitutional office, thus putting a different light on the function of …
What's Wrong With Modern Legal Education, John G. Hervey
What's Wrong With Modern Legal Education, John G. Hervey
Cleveland State Law Review
Some one once observed that the size of a man is measured by the size of the things that he will let bother him. Which is to say, that what concerns the legal profession, and those who aspire to enter it, is the adequacy of the job that is being done. The great majority of the lawyers have had training in the law schools of the country - very few come to the practice today via law office study. The practicing profession is, therefore, but the mirror that reflects the schools in which the lawyers were trained. If the bench …
Book Review, Paul E. Jacobs
Book Review, Paul E. Jacobs
Cleveland State Law Review
Reviewing Richard F. Gonda, J. Arlen Marsh and Ivan W. Louis, eds., 565 Industrial Compensation Cases, Industrial Publ. Corp.
Reforms Needed In Negligence Practice, Howard L. Oleck
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.
Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis
Conversion Hysteria - An Explanation For Attorneys, Ewing H. Crawfis
Cleveland State Law Review
Conversion Hysteria is a diagnostic term used by physicians and particularly in one specialty of medicine-namely psychiatry. Attorneys encounter this term as it is applied to certain individuals who come to them in the course of their practice particularly in cases involving personal injury and claims for compensation. This paper is being presented in an effort to explain and clarify this diagnostic term for attorneys.
Sequelae Of Recent Hospital Tort Liability - Avellone V. St. John's Hospital, Revisited, R. Crawford Morris
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?