About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [i] (Fall 2023)

handle is hein.ali/relwtrts0340 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations TORTS DIVISION TWO. NEGLIGENCE CHAPTER 12. GENERAL PRINCIPLES TOPIC 3. AGENCIES BY WHICH NEGLIGENCE IS DETERMINED TITLE A. FUNCTIONS OF LEGISLATURE § 286. Violations Creating Civil Liability D.S.D.2022. Cit. in sup., cit. in case cit. in sup.; com. (c) cit. in sup. After tractor driver sued motorist for colliding with tractor, defendant counterclaimed, alleging that plaintiff negligently breached his duty of care by violating traffic-safety statutes at the time of the accident. This court granted defendant's motion for partial summary judgment, holding that plaintiff acted negligently as a matter of law when plaintiff violated traffic-safety statutes by failing to install tail lights and display slow-moving vehicle emblems. The court noted that, in this case, it was unnecessary to analyze whether state law adopted Restatement of Torts § 286 for determining when statutes set forth the standard of care in a negligence claim, because the safety regulations were designed to protect a class of persons that included defendant, and violation of those regulations demonstrated that plaintiff had a duty towards defendant that plaintiff breached. Jones v. Hirschbach Motor Lines, Inc., 588 F.Supp.3d 953, 958. CHAPTER 13. LIABILITY FOR CONDITION AND USE OF LAND TOPIC 1. LIABILITY OF POSSESSORS OF LAND TO PERSONS THEREON TITLE C. GENERAL LIABILITY OF POSSESSORS OF LAND TO LICENSEES, WHETHER BUSINESS VISITORS OR GRATUITOUS LICENSEES § 340. Dangerous Conditions Known to Licensees Ky.2022. Cit. in case cit. in ftn. Patron of a water park, who suffered from diabetic neuropathy that caused a loss of protective sensation in her feet, filed claims sounding in premises liability, strict liability, and breach of contract against city that owned the park, alleging that she sustained blisters and burns on her feet that became infected and required portions of her foot to be amputated as a result of walking on sun-heated walkways in the park. After the trial court granted summary judgment for city, COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most