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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/relagcy0136 and id is 1 raw text is: AGENCY CHAPTER 14. DUTIES AND LIABILITIES OF PRINCIPAL TO AGENT TOPIC 1. CONTRACTUAL AND QUASI-CONTRACTUAL DUTIES AND LIABILITIES TITLE C. DEFENSES § 469. Disloyalty or Insubordination as Defense Tex.App.2020. Com. (e) quot. in sup. (erron. cit. as Restatement (Second)). Attorney sued husband and wife who had hired him to review a personal-injury settlement that they had reached with husband's employer, seeking a declaratory judgment that he owned a 35% interest in an annuity and annuity payments they received under the settlement; husband and wife counterclaimed for breach of fiduciary duty. At the close of attorney's case, the trial court granted husband and wife's motion for a directed verdict, finding that the parties' attorney-fee agreement was unconscionable, and that, while husband and wife's counterclaim was untimely, they were entitled to disgorgement of attorney's fees. This court reversed in part, holding that husband and wife did not have an affirmative claim supporting the remedy of fee forfeiture, as required to recover disgorgement of fees under Restatement Third of the Law Governing Lawyers § 37, Restatement of Restitution § 5, and the Restatement of Agency § 469. Izen v. Laine, 614 S.W.3d 775, 791. TOPIC 4. LIABILITY TO SERVANTS FOR TORTS OF SERVANTS, OTHER AGENTS, AND CONTRACTORS TITLE B. THE FELLOW SERVANT RULE § 475. Definition of Fellow Servant Ky.App.2020. Cit. in case quot. in sup. Passenger who was brutally raped by the driver of her cab sued cab service that employed the driver, alleging breach of the implied contract of safe passage. The trial court granted cab service's motion to dismiss, finding that passenger's claim was barred by the one-year statute of limitations for personal-injury claims. This court reversed and remanded, holding that passenger's claim was timely under the five-year limitations period for breach-of-contract claims. The court cited Restatement of Agency § 475 in explaining that the rule in Kentucky, and the near-universal rule, was that a carrier was liable for assaults committed on passengers by its employees, whether the assault was in the supposed interest and discharge of a supposed duty to the carrier or was merely that of an individual motivated by conceptions of personal wrong and entirely disconnected with the performance of a duty. Kendall v. Community Cab Company, Inc., 610 S.W.3d 694, 697. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved AL I Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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