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

handle is hein.ali/resttlph5309 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally Ky.App.2017. Cit. generally in conc. op.; cit. generally in law review articles cit. and quot. in ftn. to conc. op. In a negligence and premises-liability action against a landlord and tenant for injuries visitor sustained when he entered defendants' property in order to retrieve an errant basketball, this court reversed summary judgment for tenant and remanded for a determination of plaintiff's status as licensee/invitee or trespasser upon entering defendant's property. The concurring opinion questioned whether the Kentucky Supreme Court should abandon the status-based distinctions of invitee/licensee/trespasser for the two-category approach set forth in Restatement Third of Torts: Liability for Physical and Emotional Harm of entrant/flagrant trespasser as it had indicated it was ready to do. Carney v. Galt, 517 S.W.3d 507, 513-515, 517, 519. Iowa, 2017. Cit. generally in ftn. In an action brought by parents of a severely disabled child against physicians who allegedly failed to inform them of fetal congenital abnormalities that were found during an ultrasound in the second trimester of pregnancy, this court reversed summary judgment for defendants and recognized a cause of action for wrongful birth, explaining that a wrongful-birth claim was consistent with traditional common-law principles of medical negligence, favorable under public- policy considerations, and cognizable under Iowa law. In considering the application of the offset rule set forth in Restatement Second of Torts § 920, the court noted that the Restatement Third of Torts: Liability for Physical and Emotional Harm did not have a similar provision. Plowman v. Fort Madison Community Hospital, 896 N.W.2d 393, 406. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 3. Negligence Conn.2017. Com. (f) cit. in disc. Student and her parents brought a federal action against private school, after student sustained permanent brain damage from tick-borne encephalitis contracted while on a school trip to China, alleging that defendant had failed to warn of or protect her against the risk of exposure to insect-borne diseases. The district court entered judgment on a jury verdict for plaintiffs. The court of appeals affirmed, upholding the jury's finding that the risk of contracting an insect-borne disease was foreseeable, and certified questions to this court. This court held that Connecticut public policy supported the imposition of an affirmative duty on a school to warn about or protect against a foreseeable risk of serious disease in organizing a trip abroad for its students. The court addressed defendant's argument that the chances of contracting an insect-borne disease were too remote to impose a duty to warn or protect, and quoted Restatement Third of Torts: Liability for Physical and Emotional For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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