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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/restt5025 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 3. Ameliorative Doctrines for Defining Plaintiffs Negligence Abolished Iowa, 2017. Com. (c), illus. 6, and Rptr's Note to com. (c) quot. in sup. High-school baseball player brought a premises-liability claim against high school, seeking damages for injuries he sustained when a foul ball struck him while he was standing in an unprotected part of the visitor's dugout at the school's baseball field. The trial court entered judgment on a jury verdict for plaintiff. While reversing in part on other grounds and remanding for a new trial, this court held that defendant owed plaintiff a duty of care and that substantial evidence supported the jury's verdict. The court rejected defendant's argument that it did not owe a duty to plaintiff because the risk of injury was open and obvious, explaining that, under Restatement Third of Torts: Apportionment of Liability § 3, a plaintiff s knowledge of an open-and- obvious risk inherent in an activity applied to the plaintiff s contributory fault, but did not negate the possessor of land's duty. Ludman v. Davenport Assumption High School, 895 N.W.2d 902, 914, 915. TOPIC 5. APPORTIONMENT OF LIABILITY WHEN DAMAGES CAN BE DIVIDED BY CAUSATION § 26. Apportionment of Liability When Damages Can Be Divided by Causation Fla.2017. Com. (a) quot. in diss. op. Guardian for scooter driver who sustained head injuries in an accident that were exacerbated by medical negligence brought an action against medical providers after prevailing in a negligence action against other driver and insurer who failed to fully satisfy the judgment; driver and insurer intervened, seeking equitable subrogation. The trial court granted medical defendants' motion to dismiss intervenors' complaints; the court of appeals reversed. This court reversed, holding that a defendant could seek equitable subrogation only after fully compensating the injured party, and a plaintiff was not precluded from suing an initial tortfeasor before suing a negligent medical provider. The dissent argued for contingent equitable subrogation, explaining that modern tort law was concerned with fairness to all parties, and citing Restatement Third of Torts: Apportionment of Liability § 26, Comment a, which iterated that compensation for injury caused by multiple tortfeasors should be apportioned according to the respective share of comparative responsibility of each tortfeasor. Holmes Regional Medical Center, Inc. v. Allstate Insurance Company, 225 So.3d 780, 793, 794. For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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