Sec 1A Torts Cases

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HoldingCase
res ipsa to smoke out which doc was negligent
No liability when result would be crushing liability
release form for ski resort unenforceable
Dillon standard doesn't apply to mother + kidnapped baby in hospital
mental distress: lack of physical manifestation OK; standard: ordinary sensitive person
police: no duty re: specific threats
Chem spill: use negligence, not SL
Jury should decide if airline is negligent for falling luggage
Duty to protect patrons on commercial prop? Balancing test
no relationship if far away --> no duty
bible study group: licensee not invitee
products: rejects privity; duty of care to end users
road surface, lack of signs: discretionary act -->liablity
conscious disregard for others --> punitive damages
rape behind untrimmed hedges: not foreseeable
Eggshell P rule
careless + some foreseeable harm = responsible for all resulting harm
econ harm: if foreseeable, can recover
safety statute = negligence per se; rule of the road doesn't
causation: must show reasonable certainty for cause
defective design for autos: compare to other similar models
Baller scientist gets disfigured: high non-pecuniary damages upheld
govt employee: ministerial/discretionary distinction
drinking buddies --> special relationship; start helping --> special relationship
Adequate precautions against foreseeable risks = no liability
negligent sterilization: limited-recovery rule; but if birth defects, special expenses
HoldingCase
GM design defect, but P was responsible too
'shocks the conscious' --> overrule compensatory damages
SL for products
motorcycle w/ no leg guards --> design defect
false information --> liable for resulting harm
expert med testimony --> causation
legal, but inherently dangerous activity: liable
No lights on buggy: negligence per se
cannot recover for loss of enjoyment of life w/o cog. awareness
Negligent entrustment = not ok
B < PL
when statute: private action must be consistent w/ legislative scheme
fungible product: liability by market share
Independent contractor: Apparent Auhority --> vicarious liability
Falling barrel = res ipsa
warnings: enough to say 'serious injury' don't need to be specific
complex product: use risk/utility
mental distress: dillon standard
danger is obvious and necessary--> assumption of risk
No special relationship --> no aff duty
punitive: single-digit multiplier
Standard of care: get out of car, look/listen for trains
failure to follow industry standard doesn't establish negligence
spare tire flew off truck = res ipsa
Non-commercial social host has no duty towards 3rd parties injured by drunk minors
Applies Birkner test for scope of employment --> vicarious liability
HoldingCase
Jury decides reasonable precautions for crossing train tracks
econ harm: surrounding businesses can't recover lost profits
extreme event: only reasonable for damages that were foreseeable
Docs: no comparative negligence for Ps
no proof of elapsed time --> no constructive notice
financial harm: no knowledge of particular use, therefore no duty
no licensee/invitee distinction: both reasonable care
foreseeability: probable consequences standard
Suing your parents is OK
Therapist has duty to protect threatened victim
state of the art: ex ante approach
bring something onto land -->mischief-->you're responsible
constructive notice of danger --> negligence
established: lawful act + ordinary care = no liability
duty to fetus which will result in a child
Common carriers required to exercise reasonable care NOT extraordinary care
Med Mal: national standard > similar localities test
knowingly encountering a risk created by D --> secondary assumption of risk
FDA requires waning--> exception to learned intermediary doctrine
qualified immunity for govt
mental suffering: doesn't require physical impact, but does require physical manifestation
shift burden for causation to Ds in special cases
Asbestos: physical contact =/= physical impact
firefighter rule doesn't apply beyond premises liability
Med experts can testify --> educate jury about med mal res ipsa

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Created Dec 13, 2010ReportNominate
Tags:case, holding, sec, tort