Law Commons^™

U.C.C. - Statute Of Limitations - Conflict Between Personal Injury And Sales Contract Statutes Of Limitations, Harvey D. Peyton

West Virginia Law Review

No abstract provided.

Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke

St. Mary's Law Journal

Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …

Crashworthiness: Defective Product Design - Secondary Impact Liability In Texas., Franklin D. Houser

St. Mary's Law Journal

Abstract Forthcoming.

Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine

St. Mary's Law Journal

Abstract Forthcoming.

Negligence Of A General Agent Is Not Imputed To The Principal So As To Bar Recovery On Principal's Action For Damages Sustained By The Concurrent Negligence Of His Special Agent., John S. Reagan

St. Mary's Law Journal

Abstract Forthcoming.

The Right Of Bystanders To Recover Upon Witnessing Injury Or Peril Of Third Persons - Damages., Michael R. Ezell

St. Mary's Law Journal

Abstract Forthcoming.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process--Replevin Statutes Allowing Seizure of Property Without Notice and Opportunity for Hearing Violate Due Process Clause of Fourteenth Amendment

Constitutional Law--Right to Counsel--Absent Waiver,No Defendant May Be Imprisoned Unless Represented By Counsel At Trial

Federal Rules of Civil Procedure-Class Actions-Class Action Alleging Similar Injury by Separate Defendants Who Acted Similarly but Independently Allowed Under Rule 23(b)(3)

Securities Regulation--Securities Act of 1933-Access Of All Offerees To Additional Desired Information Required For Section 4(2) Private Offering Exemption

Torts-Joint Tort-feasors--Apportionment of Damages Among Negligent Joint Tort-feasors Based upon Relative Responsibility of Parties

Palmore V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Torts - Wrongful Death - Dependent Distributee Need Not Be Totally Dependant Upon Deceased, Mark A. Summers

West Virginia Law Review

No abstract provided.

Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein

Buffalo Law Review

Neumeier v. Kuehner, 81 N.Y.2d 121, 286 N.E.2d 454, 335 N.Y.S.2d 64 (1972).

Negligence--Intoxicating Liquors--Vendor's Liability For Damages By Intoxicated Patrons, Roger A. Wolfe

West Virginia Law Review

No abstract provided.

Contributory Negligence As A Per Se Breach Of The Stevedore's Implied W Arranty

Washington and Lee Law Review

No abstract provided.

Wrongful Death Action--Death Of Viable Unborn Child From Prenatal Injury

West Virginia Law Review

No abstract provided.

Torts--Liability Imposed On General Contractor For Independent Contractor Negligence

West Virginia Law Review

No abstract provided.

Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon

Washington Law Review

In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …

Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin

Washington Law Review

Warner arose out of the death of a twenty-one year old college student. Alleging that the death was caused by improper diagnosis and care and by administration of unsafe drugs, her parents, individually, and her father, as administrator of her estate, brought suit for damages against the doctor, hospital, and pharmaceutical company on the grounds of negligence and breach of warranty. The parents' individual claims were dismissed because the parents were not dependents of the decedent, but the estate's claim was entertained. One of the items of damage claimed by the estate was "disability in consequence of a medical condition" …

Damages For The Death Of A Minor Child Under The Texas Wrongful Death Act., Paul F. Ferguson

St. Mary's Law Journal

Abstract Forthcoming.

A Paying Patient In A County Hospital May Not Maintain A Cause Of Action In Tort In The Event Of Injuries Sustained As The Result Of The Negligence Of Hospital Employees., Larry R. Patton

St. Mary's Law Journal

Abstract Forthcoming.

A Discharged Attorney Is Limited To Quantum Meruit Recovery For The Reasonable Value Of His Services And The Right Of Recovery Under A Contingent Fee Contract Does Not Accrue Until The Occurrence Of The Contingency., Sean P. Martinez

St. Mary's Law Journal

Abstract Forthcoming.

Is An Action For Breach Of An Implied Warranty Recoverable Under The Texas Wrongful Death Act., Larry Glenn Hyden

St. Mary's Law Journal

Abstract Forthcoming.

Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon

Washington Law Review

Plaintiff suffered a totally disabling back injury in an industrial accident. His insurance policy with the defendant company provided for benefits of $150 per month for thirty years for total disability due to injury. But if the disability were due to sickness, the benefits were to continue for only two years. The defendant had received extensive medical information confirming the accidental cause of the disablement. To avoid full payment, however, it attempted to pay under the limited two-year sickness provision, then stopped payments altogether, fabricated a story about a previously existing condition and demanded return of the payments it had …

Law Of Products Liability In West Virginia, Thomas C. Cady

West Virginia Law Review

We are now all well-accustomed to rapid change. Alvin Toffler writes in his book, aptly titled Future Shock, that the rate of change in society today is accelerating and has become a major challenge to the individual's capacity to adapt and cope. In striking similarity, the change in products liability law has been so rapid that it presents one of the most fascinating examples of the common law's flexibility and its leadership role in social change. The purpose of this article is to detect, hopefully, the current state of the law of products liability in West Virginia and to make …

The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher

Indiana Law Journal

No abstract provided.

The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan

Indiana Law Journal

No abstract provided.

The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe

Indiana Law Journal

No abstract provided.

Recent Development, Law Review Staff

Vanderbilt Law Review

This Comment will explore the origin, evolution, and refinement of the common-law classifications, with particular focus upon recent decisions abrogating these distinctions in favor of a broader standard of ordinary care under the circumstances.

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The problem of defining a landowner's' responsibility toward persons who come upon his premises has been the subject of longstanding controversy. While some commentators have argued that the limited responsibility placed by the common law on landowners does not comport with modern principles of negligence liability proponents of the common-law standards have urged that the common-law scheme of entrant classes--trespasser, licensee, invitee--provides a workable approach …

From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness

Law Faculty Scholarly Articles

Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.

Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff

William & Mary Law Review

No abstract provided.

Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review

Michigan Law Review

The attitude of the law toward the unborn child has differed according to the area involved and its underlying concepts and policy. It has been settled en ventre sa mere be to his benefit. Legal recognition was accorded "for the purpose of providing for and protecting the child, in the hope and expectation that it will be born alive and be capable of enjoying those rights which are thus preserved for it in anticipation." In this context, the live-birth requirement is not surprising. The injustice of depriving a posthumous child of an inheritance is apparent only if the child is …

Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review

Michigan Law Review

A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …