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Full-Text Articles in Law

The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico Jan 1995

The Nursing Profession In The 1990'S: Negligence And Malpractice Liability, Frank J. Cavico, Nancy M. Cavico

Cleveland State Law Review

Since expanded responsibility portends increased liability, a thorough understanding of the law must be achieved for nurses' rights to be adequately protected and for nurses to be held properly accountable for their legal obligations. This work examines the legal rights, responsibilities, and particularly the potential legal liability of the nurse, in the contexts of modem nursing practice and current statutes and case law. The work focuses on one major aspect of the nurse's legal liability -the tort, or civil wrong, of negligence.


An Overview Of Ohio Product Liability Law, Stephen J. Werber Jan 1995

An Overview Of Ohio Product Liability Law, Stephen J. Werber

Cleveland State Law Review

Although claims predicated on harm caused by defective products sounding in warranty and negligence, aided and abetted by the doctrine of res ipsa loquitur, existed well before the twentieth century, product liability as we now know it was initially foreshadowed in Ohio in the seminal case of Rogers v. Toni Home Permanent Co. Shortly after the true product liability revolution began, Ohio joined the revolution with the adoption of strict liability in warranty without privity in Lonzrick v. Republic Steel Corp. The Ohio Supreme Court then recognized that this approach to strict liability was no different from the more recognized …


Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard Jan 1995

Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard

Cleveland State Law Review

This Note focuses upon the unique circumstances surrounding false-positive plaintiffs' claims. Part II examines the recent surge of litigation resulting from false-positive test results. The discussion begins by analyzing HIV antibody testing and procedure and concludes by noting that negligent testing is the prevailing factor in faulty diagnosis. Part III explores negligent infliction of emotional distress as a cause of action for false-positive plaintiffs. This section begins by tracing the historical development of the law on negligent infliction of emotional distress. The discussion focuses on both the development and abandonment of the traditional limitations placed upon emotional distress recovery. Part …


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …


Educational Malpractice: A Tort Is Born, Johnny C. Parker Jan 1991

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …


The Law Of Interspousal Immunity In Ohio, James L. Deese Jan 1979

The Law Of Interspousal Immunity In Ohio, James L. Deese

Cleveland State Law Review

The purpose of this note will be to discuss Ohio's current position on interspousal immunity as well as the problems that are created by the retention of that doctrine.


Wife's Action For Loss Of Consortium, Fred Weisman Jan 1971

Wife's Action For Loss Of Consortium, Fred Weisman

Cleveland State Law Review

The recent Ohio Supreme Court ruling in Clouston v. Remlinger Oldsmobile Cadillac Inc. reversed a rule which had existed in Ohio for over fifty years. Ohio has now been added to the growing list of states which allow to a wife an action for damages for loss of consortium arising from negligent injury to her husband.


Contributory Negligence Of Very Young Children, James B. Wilkens Jan 1971

Contributory Negligence Of Very Young Children, James B. Wilkens

Cleveland State Law Review

If in backing your car out of a driveway you look to only one side as you approach the sidewalk, and strike and injure a pedestrian approaching from the other side, who had been so engrossed in conversation with a companion as not to have cast even a glance up the driveway, your liability for his injuries might well depend upon his age. The standard of care required (in most circumstances) of normal adults (and corporations) for the protection of themselves and of others is that they take such care as ordinary prudent persons would take in the circumstances. Little, …


Delay In Delivery Of Cadaver To Next Of Kin, Lawrence S. Grean, Paul Hesse Jan 1967

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. …


Injuries From Fright Without Contact, Larry Grean Jan 1966

Injuries From Fright Without Contact, Larry Grean

Cleveland State Law Review

Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …


How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso Jan 1966

How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso

Cleveland State Law Review

The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …


Fireworks, Explosives, Guns, And Minors, George Braun Jan 1966

Fireworks, Explosives, Guns, And Minors, George Braun

Cleveland State Law Review

In most of the United States the laws governing the sale and use of fireworks, explosives and flammable decorations follow the form of control regulations recommended by the National Fire Prevention Association. These severely restrict the use of explosives and fireworks (with the exception of paper caps for toy guns) to adults. Ohio has led the trend by imposing safeguards more restrictive than most states and, by recent statutes together with decisions, imposing strict standards against manufacturers, sellers, keepers, users or other handlers of explosives and fireworks in attempts to effectively control the hazards presented by these products.


Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund Jan 1965

Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund

Cleveland State Law Review

Seaworthiness within the field of the general maritime law, and negligence as applied under the Jones Act and the Longshoremen's and Harbor Worker's Act afford ample remedies to the parties covered by the respective acts and by the strict liability imposed upon the owner of an unseaworthy vessel. But by allowing recovery under theories that mix the two remedies the courts are creating an additional remedy not granted by Congress when it adopted the Jones Act and the Longshore Act.


Hunting Accident Liability, Vincent A. Feudo Jan 1964

Hunting Accident Liability, Vincent A. Feudo

Cleveland State Law Review

Increased interest in hunting for pleasure has led to an increased number of mishaps. Recent statistics show one injury for every 7,800 hunters, with one in every five or six fatal. From early to more recent cases it has generally been held that where one is not negligent in the handling of his weapon he is not liable. But "ordinary care" while hunting means a high degree of care, due to the inherent nature of the sport.


Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig Jan 1963

Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig

Cleveland State Law Review

The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.


Insurer's Failure To Settle, John L. Heaslip Jan 1963

Insurer's Failure To Settle, John L. Heaslip

Cleveland State Law Review

When one purchases a liability insurance policy he is contracting with the insurer for the insurer to stand in his place and to pay all liability claims brought against the insured for which the insured is legally liable. In essence, the risk of financial loss is transferred from the shoulders of the insured to those of the insurer, to the extent of the policy limits. The rights and duties of the parties created by a typical automobile liability policy are clearly stated in the policy.


Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess Jan 1961

Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess

Cleveland State Law Review

The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …


Standards Of Care In Dentistry, Jerome A. Streem Jan 1960

Standards Of Care In Dentistry, Jerome A. Streem

Cleveland State Law Review

This article will discuss briefly each of the three sources of liability for which a dentist might commonly be subject to a malpractice suit: negligence, assault and battery, and breach of contract.


Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah Jan 1960

Some Notes On The Malayan Law Of Negligence, A. E. S. Tay, J. H. M. Heah

Cleveland State Law Review

In the annals of the spread of the common law to other lands and other ways, Malaya may deserve a modest place, but, as the selection here no doubt shows, so far it has made no significant contribution to the intellectual content of that law. It has neither produced nor harboured a Cardozo or a Dixon. At best, its judges have applied common law principles simply but soundly; they have never, at least in tort, been subtle or illuminating. Its legal history is of interest for its own sake; its legal achievement awaits us in the future, not in the …


Law Of Manufacturer's Liability, B. Joan Holdridge Jan 1959

Law Of Manufacturer's Liability, B. Joan Holdridge

Cleveland State Law Review

This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.


Liability Of Retailer And Wholesaler, William J. Hotes Jan 1959

Liability Of Retailer And Wholesaler, William J. Hotes

Cleveland State Law Review

With the ever-increasing dependence of the consumer on his retailer to supply the consumer's needs, the increasing importance of implied warranties is clearly seen. It is for the retailer to see that the goods which he sells are suitable for the use and purpose which the consumer will make of them. Failure to offer suitable merchandise should carry with it liability for the resulting loss suffered by the consumer. When injured consumers have chosen to seek recovery from the wholesalers of goods which have caused them harm, they have generally brought actions for negligence or for breach of implied warranty …


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.