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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/restt5032 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 2. Contractual Limitations on Liability Iowa, 2021. Com. (d) quot. in sup. Zipline rider sued, among others, ski-resort operator, alleging that defendant's gross negligence in operating a zipline resulted in an employee failing to stop plaintiff in time during a zipline ride, causing him severe injuries. The trial court granted defendant's motion for summary judgment. This court affirmed in part, reversed in part, and remanded, holding that the exculpatory clause in the waiver form signed by plaintiff absolved defendant of all negligence claims, but it was unenforceable to the extent it purported to eliminate defendant's liability for willful, wanton, or reckless conduct. The court explained that, under Restatement Second of Contracts § 195 and Restatement Third of Torts: Apportionment of Liability § 2, exculpatory clauses that attempted to limit liability for reckless or intentional harm were not favored on the grounds of public policy. Lukken v. Fleischer, 962 N.W.2d 71, 82. Pa.2021. Com. (e) cit. in case cit. in sup. and cit. and quot. in ftn. Bicyclist brought a negligence action against city, after he rode into an unmarked and un-barricaded sinkhole on a city street during a charity bike ride, which caused him to crash and suffer severe and extensive injuries. After the trial court entered judgment on a jury verdict finding city negligent, the court of appeals reversed based on an exculpatory release signed by bicyclist in order to participate in the ride, which purported to immunize city from liability for breaching its duty to repair and maintain public streets. This court reversed, holding that the release was unenforceable because it violated public policy. The court cited Restatement Third of Torts: Apportionment of Liability § 2, Comment e, in support of the proposition that an entity performing a duty of public service cannot exculpate itself by contract. Degliomini v. ESM Productions, Inc., 253 A.3d 226, 236, 245. TOPIC 2. LIABILITY OF MULTIPLE TORTFEASORS FOR INDIVISIBLE HARM § 10. Effect of Joint and Several Liability C.A.9, 2021. Cit. in ftn. After a jury convicted defendants of participating in a scheme to collect fees from victims for fictitious loans, the district court ordered them to forfeit the proceeds. This court vacated in part, holding that the forfeiture judgment against defendants amounted to joint-and-several liability that was prohibited under recent U.S. Supreme Court precedent, and remanded for the district court to make findings denoting approximately how much of the proceeds came to rest with each defendant. The court cited Restatement Third of Torts: Apportionment of Liability §§ 10 and 11 in explaining that, while joint liability meant that each wrongdoer owed the victim the full amount of the damages, several liability distinguished the amount owed by one defendant from the amount owed by another. United States v. Thompson, 990 F.3d 680, 690. § 11. Effect of Several Liability COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I 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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