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Farr v. NC Machinery Co.
In admiralty negligence action, captain's failure to exercise reasonable care for his own safety isn't superseding intervening cause that extinguishes mechanic's liability.
Torts Jun. 19, 2000
Cooperman v. David
Slipping saddle is inherent risk of sport of horseback riding.
Torts Jun. 15, 2000
Feichko v. Denver & Rio Grande Western Railroad Co.
Employer not liable for injuries sustained by employee engaged in activity outside scope of his employment.
Torts Jun. 15, 2000
Weitz v. Lovelace Health System Inc.
Health care provider has neither duty to control outpatient, nor duty to warn others of his violent propensities.
Torts Jun. 15, 2000
Smith v. Ingersoll-Rand Co.
Trial court rightfully awards multimillion-dollar judgment and punitive damages in equipment-defect case.
Torts Jun. 15, 2000
Matsuura v. Alston & Bird
Under Delaware law, tort plaintiffs can institute an independent fraud suit not barred by settlement agreement.
Torts Jun. 14, 2000
Charas v. Trans World Airlines
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct.
Torts Jun. 14, 2000
Matsuura v. Alston & Bird
Under Delaware law, tort plaintiffs can institute an independent fraud suit not barred by settlement agreement.
Torts Jun. 14, 2000
Charas v. Trans World Airlines Inc.
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct.
Torts Jun. 13, 2000
Alpha Therapeutic Corp. v. Nippon Hoso Kyokai
Secretly recorded interview, later shown on national television without interviewee's consent, supports invasion of privacy claim.
Torts Jun. 9, 2000
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises.
Torts Jun. 2, 2000
Community Care and Rehabilitation Center v. Superior Court (Grood)
Rules pertaining to punitive damages in medical malpractice actions also apply to wrongful death claim couched in terms of elder abuse.
Torts Jun. 2, 2000
Alvarez v. State of California
State's design immunity is defeated if design produces dangerous condition under changed physical conditions.
Torts Jun. 2, 2000
Geier v. American Honda Motor Co.
State court action against car manufacturer for not equipping cars with airbags is pre-empted by National Traffic and Motor Vehicle Safety Act.
Torts Jun. 1, 2000
Jones v. Union Pacific Railroad
Where plaintiff raises triable issue as to railroad's harassment it also raises triable issue of whether state tort claims are federally pre-empted.
Torts Jun. 1, 2000
Farmers Insurance Exchange v. Superior Court (Han)
Party cannot be held liable for negligently destroying or suppressing evidence that could be relevant to lawsuit.
Torts Jun. 1, 2000
Union Pacific Corp. v. Wengert
Comparative equitable indemnity is available only for that portion of settlement attributable to economic damages.
Torts Jun. 1, 2000
Easton v. Sutter Coast Hospital
Statute intends to provide health practitioners with absolute immunity with respect to practitioners' mandatory duty to report incidents of elder abuse.
Torts Jun. 1, 2000
Zabetian v. Medical Board of California
Two negligent acts satisfy Business and Professions Code Section 2234's definition of 'repeated negligent acts.'
Torts Jun. 1, 2000
Sandahl v. Beverly Enterprises Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts Jun. 1, 2000
Sandahl v. Beverly Enterprises, Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal.
Torts May 31, 2000
Boon v. Rivera
Those present at scene of emergency owe duty to not misstate material facts concerning nature of emergency to public safety officials present.
Torts May 26, 2000
Cross v. Cross
Order
Torts May 24, 2000
Hynes v. Energy West, Inc.
Jury must apply ordinary care standard to defendant, despite jury instruction which alludes to 'high degree' of care.
Torts May 17, 2000
Baker v. Stewart Title & Trust of Phoenix, Inc.
Title company is liable on grounds of respondeat superior for employee's participation in fraudulent land purchasing scheme.
Torts May 17, 2000
Erlich v. Menezes
Homeowners are entitled to recover damages from contractor for emotional distress, physical pain, and lost wages.
Torts May 11, 2000
Woolward v. JLG Industries Inc.
Court may not exclude amount received by plaintiff from settlement agreement when calculating prejudgment interest.
Torts May 10, 2000
Hislop v. Salt River Project Agricultural Improvement and Power District
Under Arizona law, co-worker and friend of negligently injured person cannot recover for emotional distress suffered from witnessing injury to that person.
Torts May 10, 2000
Woodward v. Beaver
Order
Torts May 10, 2000
Johnson v. Pankratz
Plaintiff is entitled to compensatory damages for non-physical injuries arising from battery, and need not prove specific dollar amount.
Torts May 10, 2000