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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/alitorts0010 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 1. Liability for the Unintentional Infliction of Economic Loss: General Principles Ariz.App.2015. Subsec. (a) quot. in sup., coms. (a) and (b) quot. in sup. and in diss. op., com. (c) quot. in diss. op. (T.D. No. 1, 2012). Buyers of a home from the original owners sued developer that built the home, alleging that it constructed the home's hillside retaining wall and prepared the site without proper structural and safety components. On remand, the trial court granted developer's motion to dismiss buyers' negligence claims. This court affirmed, holding that developer did not owe a duty of care to subsequent purchasers such as buyers to protect them from economic harm under Restatement Third of Torts: Liability for Economic Harm § 1, which provided that an actor had no general duty to avoid the unintentional infliction of economic loss on another. The dissent argued that the Restatement Third's concerns regarding indeterminate liability were misplaced. Sullivan v. Pulte Home Corp., 354 P.3d 424, 429, 433, 434. Del.2015. Com. (c) quot. in sup. and cit. in ftn. (T.D. No. 1, 2012). Medicare recipient brought a medical-negligence suit against nursing center and others, seeking general damages and special damages for the cost of her medical care after she sustained serious burn injuries while residing at the center. The trial court granted defendants' motion for judgment on the pleadings, finding that plaintiff's medical- expense damages were limited to the amount Medicare actually paid to plaintiff's healthcare providers, rather than the amount providers billed plaintiffs for her care. Affirming, this court held that the collateral-source rule did not apply to Medicare write-offs. The court reasoned, in part, that plaintiff s claim for medical expenses was a claim for economic loss, which was defined as a financial loss under Restatement Third of Torts: Economic Harm § 1, and pointed out that it was undisputed that plaintiff would not be obligated to pay for medical expenses above the amount paid by Medicare. Stayton v. Delaware Health Corporation, 117 A.3d 521, 534. Vt.2015. Com. (b) quot. in ftn. to conc. and diss. op., Rptr's Note to com. (a) quot. in conc. and diss. op. and cit. in ftn. to conc. and diss. op. (T.D. No. 1, 2012). Landlord for a commercial property brought claims sounding in tort and negligence against tenants, alleging that tenants defaulted on the parties' extended lease agreement and left the premises in a damaged state. The trial court granted tenants' motion for judgment as a matter of law as to landlord's negligence claim, ruling that it was precluded by the economic-loss rule, because the parties' dispute was completely covered by the parties' contractual relationship. This court affirmed. The concurring and dissenting opinion argued that the economic-loss rule did not apply, because landlord was not seeking damages for purely economic losses without physical injury, and the evidence supported a claim for physical damage to landlord's property. Walsh v. Cluba, 117 A.3d 798, 811, 812. § 2. Economic Loss Defined A L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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