Torts Commons^™

Strict Liability And Informed Consent: "Don't Say I Didn't Tell You So!", Jose E. Maldonado

Akron Law Review

The purpose of this article is the cogent presentation of the arguments favoring application of contemporary strict tort liability concepts to the doctrine of informed consent. While not a panacea, adoption of this proposal would afford the consumer of medical services the requisite protection to make an effective, informed medical choice, while lending consistency and certainty to the physician, long harrassed, both morally and legally, by doubts as to what constitutes an informed consent.

This author will assume, arguendo, for the purpose of this article that all physicians are good-faith, competent practitioners. However, the reader should be forewarned: The existing …

Separate Legal Entity; Suit By Member; Personal Injuries; Liability; Statutory Provision; Tanner V. Loyal Order Of Moose, Robert M. Burlington

Akron Law Review

GEORGE and Marguerite Tanner, members of the Columbus Lodge No. 11 of the Loyal Order of Moose, an unincorporated association, were attending a dance sponsored by that Lodge when Mrs. Tanner slipped on a recently waxed area of the dance floor' and sustained serious injury. The Tanners filed suit against the Lodge in the court of common pleas, alleging that the dance floor had been negligently waxed, making it slippery and thus causing her fall.

Automobile Guest Statute; Unconstitutional; Equal Protection; Due Process; Right To Seek Legal Redress; Primes V. Tyler, Margaret Fuller Corneille

Akron Law Review

IN JULY 1975, the Supreme Court of Ohio in the case of Primes v. Tyler' joined a small but growing number of states' which have declared automobile guest statutes' unconstitutional. The circumstances of the Primes case are similar to those encountered in countless other suits brought by injured guest passengers since the Ohio guest statute was enacted in 1933.' George Primes, III and Donald G. Tyler were members of an informal golf group which shared a car pool arrangement. Tyler, driving for the car pool, was involved in an automobile accident in which Primes, a passenger, was injured. Primes brought …

Minors Under The Age Of Seven; Incapable Of Primary Negligence Or Intentional Torts; Conclusive Presumption; Deluca V. Bowden, Robert Austin Cross

Akron Law Review

The only question considered by the supreme court was "whether a child under the age of seven is liable for primary negligence or for an intentional tort." The court noted the general incapacity of a child of this age to act with reason and foresight, and further expressed its own reluctance to attach blame to a child "in any sense comparable to the blame attachable to an adult." For these reasons it held that such a child shall be conclusively presumed incapable of both primary negligence and intentional tort.

In so holding, Ohio joins a distinct minority of states which …

Psychotherapist-Patient Privilege; Patient's Dangerous Condition; Confidentiality; Legal Duty To Warn Potential Victim; Tarasoff V. Regents Of University Of California, Robert E. Burns

Akron Law Review

In placing a legal duty to warn on the psychotherapist, the California supreme court followed the modern trend in tort law by recognizing the subordination of the patient's interest in the confidentiality of the psychotherapist-patient relationship to both the public interest, and to what the court determines to be the patient's own best interest. Under these confined circumstances the therapist acquires a limited right to disclose pertinent information to any person who may have a legitimate interest in his patient's health.' However, certain restrictive guidelines have been placed on the disclosure of such information. In Berry v. Moench, the Utah …

The Tort Liability Of The Classroom Teacher, Stephen R. Ripps

Akron Law Review

THIS ARTICLE WILL DISCUSS the tort liabilities to which classroom teachers are exposed and predict future parameters of concern. The rules of law applicable to the tortious conduct of the classroom teachers equally affect elementary, secondary, and higher education instructors

Disentangling Choice Of Law For Torts And Contracts, Rick Kirgis

Washington and Lee Law Review Online

In a federal system with state lines that are easily crossed, physically and electronically, legal disputes often raise choice-of-law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial fairness and economy dictate, or should dictate, that the choice-of-law issues be resolvable consistently and without unnecessarily tying up the courts or imposing large litigation costs, if it can be done in a principled manner. This article shows how it could be done.

A Case Of Judicial Chutzpah (The Judicial Adoption Of Strict Tort Products Liability Theory), Morris G. Shanker

Akron Law Review

[O]ur courts in discovering strict tort have indeed acted in rather unusual ways: ways which, I believe, can be explained only by realizing that we are dealing with those who have just discovered the gospel, who have just heard a message from on High. Let me give you some specific examples.

Strict Liability Comes Of Age In Ohio: Almost, Stephen J. Werber

Akron Law Review

In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strict liability and had engendered considerable confusion as to the substantive theory supporting possible recovery. Temple apparently ended the confusion.

Liability For Product Design In Ohio - A First Step Toward Solution, Edgar A. Strause, James H. Hedden

Akron Law Review

This article concerns an area of the law of strict liability in tort which is now emerging from an embryonic stage in Ohio - namely, a manufacturer's liability for conscious design choices in developing its product. It is the thesis of this article that in the recent case of Temple v. Wean United, Inc., the Ohio Supreme Court has taken a major step toward a solution to the inherent difficulties in passing judgment upon the reasonableness of a manufacturer's conscious design choices. In doing so, the court has simultaneously lessened the otherwise open-ended exposure of manufacturers to liability concerning …

Design Litigation And The State Of The Art: Terminology, Practice And Reform, Edward T. O'Donnell

Akron Law Review

We suggest that rather than ignore these problems, or bemoan them ineffectually, the judiciary should accept the fact that the decision to venture into the area of scientific and technological controversy' carries with it a duty to reconcile the law with the essentials of the scientific method. Some courts already have begun to do so. For instance, suggestions that the manufacturer's obligation to design a safe product necessarily must be limited by the state of the art are common in negligence, warranty and strict liability decisions alike. Unfortunately these statements usually are dicta rather than holdings. Worse, the authors of …

The Products Liability Crisis: Modest Proposals For Legislative Reform, William P. Bivins Jr.

Akron Law Review

This article will attempt to identify some of the sources of the problems which are adversely affecting the system of products liability litigation and will offer proposals for reform within the framework of the law of products liability.

Products Liability: Toward Balancing The Scales, Donald M. Jenkins

Akron Law Review

The evolution and application of products liability law continues to be one of the most dynamic developments in the law. This issue of the Akron Law Review is dedicated to presenting and exploring recent significant developments.

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.

Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie

Touro Law Review

No abstract provided.

Tort Reform In Saudi Arabia: Obstacles And Solutions, Othman Talbi

Maurer Theses and Dissertations

Saudi Law is based on the broad guidelines of Sharia. This means that religion forms the basis of all Saudi law. Thus, because of the absence of a statutory law in Saudi Torts Law, Sharia’ principles take the place of the statutes. Consequently, when deciding tort cases judges need to consider these principles by interpreting them, and then apply them to each case individually. Furthermore, due to economic improvement and industrialization in Saudi Arabia, the nature and type of legal issues have changed. Therefore, complex cases have emerged for which it is very important to produce a reform resolving new …

Strict Liability And Economic Harm In Ohio, Edward J. Howlett Ii

Akron Law Review

In Temple v. Wean United, Inc., the Ohio Supreme Court formally adopted section 402 (A) of the Restatement (Second) of Torts, thus recognizing in Ohio the Restatement's strict liability cause of action for injury caused by defectively manufactured products. Although the Restatement clearly states that recovery may be had in strict liability for personal injury and for property damage, there is debate over whether "economic loss" should be recoverable under the doctrine of strict liability. This comment will review existing case law to determine whether economic loss may be recovered from the manufacturer of a defective product under a …

Presumptions And Modal Logic: A Hohfeldian Approach, John P. Finan

Akron Law Review

The difficulty of distinguishing between an inference and a presumption, a difficulty that bedevils tort and evidence teachers, (see Appendix I) among others, may be dispelled by a study of the deontic nature of permissible inferences and presumptions. Using scholastic terminology, an inference is a function of the intellect, not the will. Therefore, deontic notions of permission and duty seem foreign to inference. However, deontic notions are legitimate, because the law, in assigning a fact finding function to judge and jury, uses deontic notions in assigning fact finding competence. Thus, the statement that an inference is not permissible means that …

Book Review: Lawsuit: By Stuart M. Speiser, Lawrence P. Wilkins

Akron Law Review

The seven ages of a lawsuit are portrayed in new light through the lively prose of Mr. Speiser, as he tells the backstage stories in seven major tort cases in which he or members of his firm have participated during his distinguished career. More than just chronicled events observable by anyone, the author's stories reveal some of the thinking processes which turn the seven ages of a lawsuit into working tools in the resolution of controversies. More than just another collection of "stories-about-cases-the-author-has-won," the book is a discourse on the author's thesis that the American "trinity of torts" (jury trial, …

Liability Of Liquor Vendors For Injuries To Intoxicated Persons, Kemock V. Mark Ii, Elinore Marsh

Akron Law Review

In an opinion anticipating, in part, the advent of the comparative negligence standard in Ohio, Kemock v. Mark II extends common law liability to include liquor vendors who serve already intoxicated patrons who injure themselves and whose injury is the proximate result of continued alcohol consumption. Relying upon an earlier Ohio Supreme Court decision and a California Supreme Court case, the Court of Appeals of Ohio recognizes liability for vendor negligence which damages the drinker. The test for recovery is one not previously applied in cases of this sort in Ohio; one which measures liability by balancing degrees of each …

The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty

Akron Law Review

In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.

Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore

Akron Law Review

Under Revised Code § 2315.19, the contributory negligence of the plaintiff is no longer an absolute bar to recovery. Only where a plaintiff's fault is greater than that of all defendants combined is that plaintiff precluded entirely from recovery. Thus under the new Ohio statute, the possibility of recovery for the negligent plaintiff is significantly enhanced while at the same time liability exposure of the defendant is proportionately enlarged. It is therefore of critical importance to determine whether such an alteration in the relative rights of litigants is constitutional.

Ohio Supreme Court Symposium

Akron Law Review

During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.

Torts In Sports - "I'Ll See You In Court!", John F. Carrol

Akron Law Review

This comment analyzes violence in the major professional sports of football, hockey, basketball, and baseball and the inability of the internal control systems of the various sports leagues to adequately control incidents of excessive violence. Judicial redress should be available for injuries resulting from acts committed outside of the rules of the game. The possible theories of recovery and applicable defenses to liability will be analyzed. Criminal liability also will be considered along with recently proposed congressional bills which advocate civil and criminal penalties for excessively violent acts in professional sports.

Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline

Akron Law Review

The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.

Judicial Application Of Ohio's Comparative Negligence Statute, Michael J. Olah, Paul F. Meyerhoefer

Akron Law Review

In the case of Wilfong v. Batdorf the Ohio Supreme Court reexamined the issue of the retroactive application of Ohio's comparative negligence statute. Ohio's statute abolishing the defense of contributory negligence in a tort action was passed with an effective date of June 20, 1980, and the court faced the task of deciding whether comparative fault measurements could be used in an action arising prior to the effective date of the statute, but not coming to trial until after the effective date of the act. Previously the court had the opportunity to examine this issue in the case of Viers …

Administering Ohio's Newly Recognized Tort: The Negligent Infliction Of Serious Emotional Distress, Dan A. Morrell Jr.

Akron Law Review

Before examining the standards set forth by the Ohio Supreme Court in Paugh v. Hanks, a brief overview of the history and treatment of emotional distress in other jurisdictions is necessary because Ohio has borrowed from the experiences and illustrations of several states in delineating the standards for administration of this new tort.

The Landlord's Liability To His Tenants For Injuries Criminally Inflicted By Third Persons, Marvin M. Moore

Akron Law Review

Until approximately fifteen years ago a landlord was never held civilly liable to his tenants for injuries inflicted by the criminal acts of third persons, regardless of the deficiency of the security measures provided by the landlord.' The landlord was protected from tenant lawsuits by three factors: The historical concept of a lease, certain tort theories of a legalistic nature, and some policy concerns having significant influence upon the courts. In recent years the courts have begun holding landlords liable in some circumstances for criminally-induced injuries sustained by their tenants. The following discussion will examine the reasons for the landlord's …

Workers' Compensation In Ohio: Scope Of Employment And The Intentional Tort, Donald P. Wiley

Akron Law Review

The purpose of this comment is to discuss the issues and developments in the intentional tort area. Although analogies are drawn from developments in other jurisdictions, the primary focus will be on Ohio decisions. As will be demonstrated, Ohio courts are now being faced with the following question: Is an employer protected from common law damages no matter how his employee is injured, or should he be "punished" by a common law action when he intentionally injures his employee? Within this query are many others: What is an intentional injury? Can the employee recover workman's compensation and common law damages …

Parent-Child Tort Immunity Law In Ohio, Jeffrey L. Hall

Akron Law Review

In light of the abrupt change in Ohio concerning the parental immunity doctrine, this comment will examine the historical justifications for the doctrine, with an extended discussion of the Ohio experience with the immunity prior to its change in Kirchner. This comment also analyzes the present Ohio position, contrasting it with the approaches of other states, and cautions against the increasing use of family exclusion clauses in liability insurance policies which have the practical effect of retaining the immunity where the court has abrogated it.