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

handle is hein.ali/restt5027 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 5. Negligence Imputed to a Plaintiff Md.2018. Com. (c) quot. in sup. Car owner, who was injured as a passenger in the car while the car was being driving by her husband, filed a claim for negligence against driver who backed his truck into the car and injured her. The trial court found that the negligence of plaintiff s husband had to be imputed to plaintiff under the doctrine of imputed negligence, because she was the sole owner of the car at the time of the accident. The court of appeals affirmed. Reversing, this court declined to apply the both ways theory of the doctrine of imputed negligence to hold an innocent owner-passenger such as plaintiff contributorily negligent and defeat a claim against a negligent third party such as defendant. The court noted that Restatement Second of Torts § 485 and Restatement Third of Torts: Liability for Physical and Emotional Harm § 5 rejected the both ways theory and did not apply the doctrine of imputed negligence to establish a defense of contributory negligence in an automobile tort case. Seaborne- Worsley v. Mintiens, 183 A.3d 141, 152. § 7. Effect of Plaintiff's Negligence When Plaintiff Suffers an Indivisible Injury Md.Spec.App.2018. Cit. in sup., cit. in case cit. in ftn.; com. (m) quot. in sup., cit. in case cit. in ftn. Patient and his wife brought a claim for medical malpractice against physician, alleging that physician negligently cut patient's bile duct in the course of surgically removing patient's inflamed gallbladder; physician asserted as a defense that patient was contributorily negligent in failing to timely seek treatment for his severe abdominal pain. The trial court entered judgment on a jury verdict for physician. Reversing and remanding for further proceedings, this court held that the trial court erred in permitting physician to pursue a defense of contributory negligence based solely on patient's pre-treatment conduct. The court explained that, under Restatement Third of Torts: Apportionment of Liability § 7, the purported negligence of a patient that preceded any medical treatment could not be raised as a defense of contributory negligence by a physician who subsequently treated the patient. Barbosa v. Osbourne, 183 A.3d 785, 793. Utah, 2017. Com. (j) quot. in sup. and cit. in ftn. Consumer whose foot was crushed by a reclining chair that had a foot-massage attachment, and consumer's wife, who bought the chair for him as a gift, brought claims sounding in strict liability, breach of warranty, and rescission against retailer and manufacturer of the chair. The trial court granted retailer's motion to dismiss plaintiffs' tort and warranty claims under the passive-retailer doctrine. Reversing in part and remanding, this court held that the passive-retailer doctrine incorporated considerations of culpability into a strict-liability doctrine in a manner that was incompatible with Utah's Liability Reform Act. The court explained that, under Restatement Third of Torts: Apportionment of Liability § 7, a retailer that was found strictly liable for selling a defective product had a right to assert an indemnification claim against a manufacturer or other entity responsible for the defect in the product. Bylsma v. R.C. Willey, 416 P.3d 595, 621. COPYRIGHT 02019 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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