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

handle is hein.ali/resttlph5310 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent Conn.2018. Cit. in ftn.; coms. (c) and (e) quot. in ftn. Employee brought an action against employer, seeking recovery for injuries suffered while operating an excavator rigged, based on allegations that, among other things, employer was reckless in failing to repair the excavator despite being warned that it was dangerous to operate. The trial court granted summary judgment for defendant. The court of appeals affirmed. This court affirmed, holding that plaintiff failed to establish that defendant had subjective intent to create a dangerous situation with a substantial certainty of injury, and that defendant's conduct did not fall within the exclusivity provision of the workers' compensation act. The court explained that satisfying the substantial-certainty exception by requiring proof of the employer's subjective intent to engage in an activity that it knew would bear a substantial certainty of injury to an employee was consistent with the definition of substantial certainty set forth in Restatement Third of Torts: Liability for Physical and Emotional Harm § 1. Lucenti v. Laviero, 176 A.3d 1, 11. § 2. Recklessness Conn.2017. Cit. in sup., cit. and quot. in diss. op., cit. in ftn. to diss. op.; com. (b) cit. in sup.; com. (d) cit. and quot. in diss. op.; com. (e) cit. in sup. and in diss. op. Administrator of the estates of four residents who died in a fire that broke out in their public-housing facility sued fire department and city officials, alleging that defendants negligently failed to inspect the facility's smoke-detection equipment for compliance with fire-safety codes and regulations. The trial court granted summary judgment for defendants, finding that defendants were immune from suit under the state's municipal-liability statute. The court of appeals reversed, ruling that defendants were potentially liable under an exception to the statute for exhibiting reckless disregard for public health or safety. This court affirmed, holding that, under Restatement Third of Torts: Liability for Physical and Emotional Harm § 2, a municipal defendant could exhibit reckless disregard for purposes of the statute when it was clear that the failure to inspect could result in a catastrophic harm, albeit not a likely one. The dissent cited § 2 in arguing that the magnitude of the risk-including both the likelihood of a harm-causing incident and the severity of the harm that could ensue-had to be considered in determining recklessness. Williams v. Housing Authority of the City of Bridgeport, 174 A.3d 137, 154, 162-166. § 3. Negligence W.D.N.Y.2017. Com. (g) quot. in disc. University employee who was injured in an explosion while conducting an experiment pursuant to university's agreement to make labs available to outside users for conducting university-approved proposed experiments brought a negligence action against, inter alia, employer of principal investigator that had proposed the experiment. The district court granted summary judgment for defendant. The court of appeals reversed and remanded. This court granted summary For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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