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Articles 151 - 180 of 208
Full-Text Articles in Legal Remedies
Damages In Wrongful Death Actions, Stanley B. Kent
Damages In Wrongful Death Actions, Stanley B. Kent
Cleveland State Law Review
It is an ancient truth that the tort law is amoral in the sense that the degree of culpability of the defendant, assuming, of course, there is any culpability at all, is not a factor in determining damages. Nowhere is this better illustrated than in wrongful death cases where the jury is admonished to fix damages solely on the basis of the "pecuniary injury" that the survivors suffered as the result of the death.' Although this instruction represents the application to death cases of the compensation theory that is so familiar in ordinary injury cases, it seems almost inhumane in …
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
The Upward Trend In Personal Injury Verdicts, Louis A. Ginocchio
Cleveland State Law Review
In preparing this note, the author has drawn on his personal court room experiences and has attempted to provide some insight into what he feels to be the reasons why jury verdicts in personal injury cases have been, and for the foreseeable future will be, increasing in dollar amounts. Only indirectly will it treat the area of a plaintiff's increased opportunities for a verdict in his favor.
Special Damages Requirement For Libel Per Quod
Special Damages Requirement For Libel Per Quod
Washington and Lee Law Review
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Damages-Compensation For Curtailment Of Life Expectancy As A Separate Element Of Damages-Downie V. United States Lines Co., Michigan Law Review
Damages-Compensation For Curtailment Of Life Expectancy As A Separate Element Of Damages-Downie V. United States Lines Co., Michigan Law Review
Michigan Law Review
While plaintiff was aboard ship as an employee of the defendant, he suffered a heart attack which was aggravated by the negligence of one of defendant's employees. In suing under the Jones Act for damages caused by this aggravation of his condition, plaintiff sought recovery for the eight year curtailment of his life expectancy as a separate and distinct item of damages, independent of the economic loss sustained as a result of such curtailment. The jury made a general award of $86,900 of which $25,000 was a special award for the curtailment of plaintiff's life. On defendant's motion, the trial …
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Damages For Mental Suffering In Discrimination Cases, John E. Duda
Cleveland State Law Review
This article explores the legal basis for an award of damages for mental suffering caused by unlawful racial discrimination. It necessarily includes religious and nationality discrimination,since these three areas are intertwined in the law. For the most part, the legal principles are applicable alike to all three forms of discrimination. Mental suffering is treated as an element of compensatory damages on the theory that the purpose of such an award is to compensate the claimant for his loss and not necessarily to penalize the discriminator. Punishment enters the analysis only to the extent that the prevailing legal rules governing damage …
Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather
Damages In Fraud Actions, Howard M. Rossen, Howard H. Fairweather
Cleveland State Law Review
Two distinct legal theories have been developed in determining the amount of damages to be awarded in an action for fraud and deceit. The majority view is the "benefit-of-the-bargain" rule (also known as the "warranty rule"), and the minority view is known as the "tort rule" (or more commonly, the "out-of-pocket" rule). Both rules have limited use. In Hines v. Brode the California court made it clear that the two rules should be applied only where a contract is fully executed or where the plaintiff stands on his contract and has not rescinded it. The rationale behind this holding is …
The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin
The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin
Michigan Law Review
The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.
Botta V. Brunner - A Restraint Upon Advocacy, Craig Spangenberg
Botta V. Brunner - A Restraint Upon Advocacy, Craig Spangenberg
Cleveland State Law Review
No single decision in recent years has had wider repercussions nor greater impact upon trial advocacy than the decision in Botta v. Brunner. It is probable that within the next few years every state jurisdiction will review the philosophy of the Botta case, and come to a conclusion that will control the method of final argument, in each state, on all the intangible elements of damages.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …
Criteria Employed By Appellate Courts In Determining Adequacy Of Damages, Philip B. Austin
Criteria Employed By Appellate Courts In Determining Adequacy Of Damages, Philip B. Austin
Kentucky Law Journal
No abstract provided.
Damages - Uniform Commercial Code - Loss Of Profits Not Within Contemplation Of Parties In Sale Of Diesel Engine To Contract Carrier In Claim For Breach Of Warranty Damages Under Section 2-715, Robert Mickler
Villanova Law Review (1956 - )
No abstract provided.
Sales - Implied Warranty - Final Parts Assembler But Not Parts Manufacturer Liable For Death Of Passenger In Airplane Crash, Malcolm J. Gross
Sales - Implied Warranty - Final Parts Assembler But Not Parts Manufacturer Liable For Death Of Passenger In Airplane Crash, Malcolm J. Gross
Villanova Law Review (1956 - )
No abstract provided.
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis
Michigan Law Review
Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …
Per Diem Argument Of Pain And Suffering Damages, Doris Hauth
Per Diem Argument Of Pain And Suffering Damages, Doris Hauth
Cleveland State Law Review
It is obvious that pain and suffering are inherent elements in almost any bodily injury, but the problem facing plaintiff's counsel is to bring to the realization of the jury its extent in a particular case. At trial various types of demonstrative evidence are used to effect this end. In recent years attorneys have used the "mathematical formula" (or "per diem") technique in their final arguments to the jury as another means of obtaining "adequate" personal injury awards.
Recent Heart Injury Awards, James A. Thomas
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.
Exemplary Damages And Joint Tortfeasors The
Exemplary Damages And Joint Tortfeasors The
Washington and Lee Law Review
No abstract provided.
Measure Of Damages For Wrongful Death Of A Minor Child
Measure Of Damages For Wrongful Death Of A Minor Child
Washington and Lee Law Review
No abstract provided.
Recent Hearing Damage Awards, Denis M. Burgoon
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
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
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
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
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
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
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
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
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
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.
Foreword: Damages In Contract, William Burnett Harvey
Foreword: Damages In Contract, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
The Inadequate Award In West Virginia, C. H. B. Jr.
The Inadequate Award In West Virginia, C. H. B. Jr.
West Virginia Law Review
No abstract provided.