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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/relwtrts0328 and id is 1 raw text is: TORTS DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS CHAPTER 2. INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY TOPIC 5. THE INTEREST IN FREEDOM FROM EMOTIONAL DISTRESS § 47. Conduct Intended to Cause Bodily Harm but Causing Emotional Distress Cal.App.2017. Com. (c) quot. in sup. Property owners brought trespass, nuisance, and other claims against energy utility in connection with a wildfire sparked by utility's power lines that damaged their home and destroyed 155 avocado trees on their land. After the trial court granted defendant's motion in limine and excluded evidence of owners' emotional-distress damages, the parties entered into an amended stipulated judgment on the issue of liability, and the trial court entered a take-nothing judgment against plaintiffs. Reversing, this court held that plaintiffs were legally entitled to present evidence of emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts. The court cited Restatement Second of Torts § 929 and Restatement of Torts § 47 in explaining that, in a tort case, the measure of damages was the amount that would compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not, including damages for mental distress. Hensley v. San Diego Gas & Electric Company, 213 Cal.Rptr.3d 803, 819. DIVISION TWO. NEGLIGENCE CHAPTER 12. GENERAL PRINCIPLES TOPIC 7. DUTIES OF AFFIRMATIVE ACTION TITLE B. DUTY TO AID OTHERS AND SERVICES GRATUITOUSLY RENDERED OR UNDERTAKEN § 323. Negligent Performance and Termination of Gratuitous Services Alaska, 2017. Subsec. (1) cit. in case cit. in ftn. Cabin owner brought an action against insurer of driver who crashed into the cabin, alleging that defendant negligently handled a fuel-spill cleanup on the cabin property nearly two years after the accident. The trial court granted defendant's motion for summary judgment. This court reversed and remanded, holding that there was a genuine issue of material fact as to whether defendant affirmatively undertook a duty to plaintiff that was independent of its duty to insured. Citing caselaw that relied on Restatement of Torts § 323(1), the court reasoned that defendant knew prompt action was required to prevent further contamination and plaintiff attested that he expected 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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