Sec 1A Torts Cases

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

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