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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/restate0330 and id is 1 raw text is: TORTS 2D Generally C.A.D.C.2018. Cit. generally in sup. In an action arising from the kidnapping and murder of a 16-year- old student by a terrorist organization in Israel, family of student brought an action under the terrorism exception to the Foreign Sovereign Immunities Act against, among others, the Islamic Republic of Iran, alleging that defendants were liable for providing material support to the organization. In affirming in part the trial court's award of damages to plaintiffs, this court noted that, while courts were not authorized to craft a body of federal common law in deciding claims under the Act's terrorism exception, courts could rely on well-established statements of common law, like those found in the Restatement Second of Torts, in determining damages under the exception. Fraenkel v. Islamic Republic of Iran, Ministry of Foreign Affairs, et al., 892 F.3d 348, 353. Ariz.2018. Cit. generally in sup. In a negligence action against employer arising from the death of employee's son, who contracted mesothelioma through exposure to asbestos fibers carried home on employee's work clothes, this court held that an employer that used asbestos in its workplace did not have a duty under the common law to protect the public from secondary exposure to asbestos. The court declined to adopt the duty framework set forth in the Restatement Third of Torts: Liability for Physical and Emotional Harm, reasoning that it created a limitless duty of care owed to all people at all times that was inconsistent with Arizona law, which provided that duty was based on a special relationship recognized by the common law or on a relationship created by public policy. In making its decision, the court noted that it generally followed the Restatement Second of Torts unless it conflicted with Arizona law. Quiroz v. ALCOA Inc., 416 P.3d 824, 827, 834. Kan.2018. Cit. generally in disc., cit. generally in case quot. in disc. Estate of driver who was killed in a two-car accident at a rural intersection sued owners of property located at one corner of the intersection, alleging that an overgrowth of trees and vegetation on the property obstructed the view at the intersection and contributed to the accident. The trial court granted summary judgment for defendants, and the court of appeals affirmed. Affirming, this court held that, consistent with Restatement Second of Torts, defendants owed no common-law duty to passing drivers to correct a natural condition on their property that affected road visibility at the intersection. The court declined to adopt the approach set forth in the Restatement Third of Torts: Liability for Physical and Emotional Harm, which provided that a property owner could be liable to someone off the property who was injured by a natural condition of the property if the landowner knew of the risk or the risk was obvious. Manley v. Hallbauer, 423 P.3d 480, 482, 483. DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND, AND CHATTELS CHAPTER 1. MEANING OF TERMS USED THROUGHOUT THE RESTATEMENT OF TORTS COPYRIGHT ©2019 By THE AMERICAN LAW INSTITUTE All rights reserved ALI 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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