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

Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/restt5029 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 7. Effect of Plaintiff's Negligence When Plaintiff Suffers an Indivisible Injury Or.App.2019. Com. (m) cit. in ftn. Personal representative for the estate of decedent who committed suicide by firearm filed a wrongful-death action against decedent's mental-health providers, alleging that defendants knew that decedent had purchased a gun and had expressed the intent to commit suicide, but negligently failed to take a number of preventative steps. The trial court denied plaintiff's motion in limine seeking to exclude any reference to the defense of comparative fault, and entered a judgment of dismissal after a jury assigned 42% of the responsibility to defendants and 58% to decedent. Affirming, this court held that the trial court did not err in allowing defendants to plead and prove comparative fault. The court cited Restatement Third of Torts: Apportionment of Liability § 7 in reasoning that a patient's negligent conduct could form the basis of a comparative-fault defense when it related and contributed to the negligent treatment at issue in a malpractice claim filed by the patient. Gardner v. Oregon Health Sciences University, 450 P.3d 558, 564. TOPIC 2. LIABILITY OF MULTIPLE TORTFEASORS FOR INDIVISIBLE HARM § 14. Tortfeasors Liable for Failure to Protect the Plaintiff from the Specific Risk of an Intentional Tort D.Idaho, 2019. Cit. but not fol.; com. (b) quot. but not fol. Former boy scouts who were sexually abused by their scoutmasters sued scouting organization and church that sponsored their troop, alleging that defendants were negligent in failing to prevent the abuse. This court denied plaintiffs' motion to exclude the abusers from the verdict form, holding that, rather than leaving insolvent or unavailable abusers off the verdict form, it would instruct the jury of the effect of their allocations of responsibility, so that the jury fully understood that any percentage of responsibility allocated to the abuser would reduce plaintiffs' damages by that percentage. The court noted that Idaho had rejected the approach set forth in Restatement Third of Torts: Apportionment of Liability § 14, which made intentional tortfeasors jointly and severally liable with tortfeasors who negligently failed to protect against the risk of intentional torts. Does I-XIX v. Boy Scouts of America, 384 F.Supp.3d 1257, 1260, 1261. § 15. Persons Acting in Concert Ga.2019. Com. (a) quot. in ftn. Federal Deposit Insurance Corporation (FDIC) brought an action in federal court against former officers and directors of a bank, alleging that defendants were negligent and grossly negligent in approving ten commercial real-estate loans that caused the bank to sustain losses and ultimately led to its closure. After a jury found that certain defendants were negligent in approving four of the loans, the district court entered a judgment holding defendants jointly and severally liable. Answering questions certified by the court of appeals, this court held that Georgia's apportionment statute did not abrogate its common-law rule imposing joint-and-several liability on tortfeasors who COPYRIGHT 02020 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