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Cleveland State University

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Articles 31 - 47 of 47

Full-Text Articles in Legal Remedies

Book Review, William K. Gardner Jan 1962

Book Review, William K. Gardner

Cleveland State Law Review

Reviewing Howard L. Oleck, Cases on Damages, Bobbs-Merrill Co., 1962


Recent Heart Injury Awards, James A. Thomas Jan 1962

Recent Heart Injury Awards, James A. Thomas

Cleveland State Law Review

This survey presents a collection of reported damage awards since the year 1950 for heart injury not resulting in death. Assuming proof of injury and liability, the statement of the case is limited to the amount of damages and elements of the injury relied upon to justify the court's decision. The survey is preceded by a brief treatment of recent trends in appellate court reviews of heart injury damage awards and a short summary of pre-existing heart condition problems.


Recent Hearing Damage Awards, Denis M. Burgoon Jan 1961

Recent Hearing Damage Awards, Denis M. Burgoon

Cleveland State Law Review

Acoustic trauma and direct injury to the mechanism of hearing are the compensable personal injuries delineated here. As hearing loss has, in all but a few cases, been a minor part of the injury sustained, it is not possible to determine the value of loss of hearing alone. It would appear that partial loss of hearing, either permanent or temporary, is not considered very disabling. $56,000 seems to be the highest award for total loss of hearing with no other injury reported, while $3,500 is the lowest award found for partial loss of hearing. As the cases generally involve various …


Recent Back Damage Awards, Carl H. Miller Jan 1961

Recent Back Damage Awards, Carl H. Miller

Cleveland State Law Review

Injuries to the human back have long perplexed the legal world. This is especially true of the soft tissue area of the back, where objective medical tests give way to the vagueness of a "sprained" muscle, and the court finds itself torn between the desire to adequately compensate an injured plaintiff and the caution that must prevail where objective tests are inadequate. Generally speaking, we will be concerned with that portion of the back that is not skeletal in nature,and though the interaction of the spine with the muscular structure permits little latitude in separating them, we will do so …


Recent Spine Damage Awards, Sheldon E. Baskin Jan 1961

Recent Spine Damage Awards, Sheldon E. Baskin

Cleveland State Law Review

Spinal injuries generally include trauma to the vertebrae, the intervertebral discs and the ligaments which serve to hold the spinal column together. For the purpose of avoiding duplication this paper will confine itself to the subjects of fractures and dislocations of the vertebrae, injuries to the discs and direct injuries to the spinal cord, excluding discussion of soft tissue back injuries and injuries of the cervical or neck area generally referred to as whiplash injuries.


Recent Arm And Hand Damage Awards, Robert M. Hisnay Jan 1961

Recent Arm And Hand Damage Awards, Robert M. Hisnay

Cleveland State Law Review

The ever-present question to be answered in personal injury cases, other than liability of course, is the measure of damages to which the plaintiff is entitled. Where the plaintiff has been left with a permanent total, or permanent partial disability, such disability must be properly evaluated and transformed into an element of a money award for damages in order that adequate compensation will be received by the injured party. The problem of evaluating a permanent disability of the arm or hand is as medically complex as the multiplicity of functions which the member performs.


Recent Leg Damage Awards, Doris Hauth Jan 1961

Recent Leg Damage Awards, Doris Hauth

Cleveland State Law Review

Injuries to the leg include fractures of the various bones of the leg (tibia, femur and fibula), fractures of the foot, ankle, knee or hip, and amputation of one, both, or a part of the leg. This article includes a digest of cases arising in the last five years involving leg injuries. The facts in each case are briefly stated and the damage award specified.


Recent Burn Damage Awards, Frederick F. Waugh Jan 1961

Recent Burn Damage Awards, Frederick F. Waugh

Cleveland State Law Review

In ascertaining damages for thermal injuries, the usual elements present in other types of personal injuries must be considered, such as loss of wages, medical expenses, pain and suffering, loss of future earnings, loss of consortium, etc. Presentation of the evidence to the jury is a paramount factor, which can make every difference in the award granted. Photographs, expert testimony, and the display of the evidence on the victim's body, such as scars, discolorations, lesions and physical impairment, can be used in a dramatic manner.


Recent Whiplash Damage Awards, Esther Weissman Jan 1961

Recent Whiplash Damage Awards, Esther Weissman

Cleveland State Law Review

In viewing more than 100 recent appellate cases concerning whiplash, one is struck by the lack of any definite standard or pattern of awards.


Death Damages And Conflicts Of Laws, Marvin D. Silver Jan 1961

Death Damages And Conflicts Of Laws, Marvin D. Silver

Cleveland State Law Review

Since the adoption of the Fatal Accidents Act of 1846 in the United Kingdom, each of the fifty United States has created by statute a similar right of action which pertains to the survivors or to the estate of the decedent whose death resulted from the wrongful acts of another. During recent years, fourteen states have incorporated within their wrongful death statutes a maximum limitation on the amount of damages recoverable. These restrictions consistently trouble the courts when a wrongful death occurs in one of these limiting states and the suit is brought elsewhere. However, the courts have, with a …


Recent Head Damage Awards, Eileen Kelley Jan 1961

Recent Head Damage Awards, Eileen Kelley

Cleveland State Law Review

Head trauma is responsible for more litigation than any other single bodily mechanical damage. Belli ranks brain injuries second only to the back and spine in producing permanent and crippling disabilities.


Recent Eye Damage Awards, Margaret Mazza Jan 1961

Recent Eye Damage Awards, Margaret Mazza

Cleveland State Law Review

Impairment of vision may be either temporary or permanent and may be caused by direct trauma, burns, or any other injury to the face near the area of the eyes. Vision may be impaired or completely lost due to injury to the brain or associated nerves. The list of cases below gives descriptions and awards in some recent eye injury suits.


Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley Jan 1961

Refusal Of Surgery In Mitigation Of Damages, Eileen Kelley

Cleveland State Law Review

Generally where one has been injured by another's wrongful conduct he is required to exercise ordinary care and reasonable prudence to seek medical treatment so as to minimize the defendant's damages. Failure to do so may diminish the amount of damages the injured person may recover. This is a fundamental principle of the law of damages, and not of tort.


Staggering Punitive Damages Against Labor Unions, Thurlow Smoot Jan 1958

Staggering Punitive Damages Against Labor Unions, Thurlow Smoot

Cleveland State Law Review

The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.


Book Review, Heinz Gasser Jan 1957

Book Review, Heinz Gasser

Cleveland State Law Review

Reviewing Howard L. Oleck, Damages to Persons and Property, Central Book Company, 1957


Relief For Vendee From Vendor's Strike, Warren D. Langer Jan 1952

Relief For Vendee From Vendor's Strike, Warren D. Langer

Cleveland State Law Review

While all persons affected by strikes do not have an available remedy, there are many situations where rights and actions have not been exercised and innocent persons have suffered although the necessity of doing so has been precluded by our existing laws. In the first remedy, breach of contract, an injured vendee may maintain an action either against a vendor who fails to protect himself by an appropriate strike clause or a vendor who willfully breaches a contract and then attempts to utilize the fact of a strike as a defense. The second remedy, an action against the striking union, …


Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi Jan 1952

Excessive Personal Injury Awards; A Problem And A Recommendation, Anthony R. Nardi

Cleveland State Law Review

An improved, workable, and sensible test for "excessiveness" in the area of personal injury awards must be established. It is fairly easy to confuse "excessive" with the concept of "large" or "high" awards. In some particular instances perhaps relatively larger or higher awards are proper in today's economy. But, the bulk of over a million injury cases is at a level fairly easy to classify and thereby to compensate properly. When proper standards are established, then awards become excessive when they go beyond this just and equitable measure. Classifications and guides for the vast majority of personal injury claims will …