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

handle is hein.ali/resttlph5312 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally Iowa, 2018. Cit. generally in sup. State brought various charges against defendant in connection with a police chase in which he drove at high speeds, ran stop signs, and avoided spike strips before being apprehended. After defendant pleaded guilty to criminal mischief and eluding a police officer, city filed a claim seeking restitution for damage to its police vehicles. Following a hearing, the trial court ordered defendant to pay restitution. This court affirmed, holding, among other things, that damage to a police vehicle was generally recoverable under the Restatement Third of Torts: Liability for Physical and Emotional Harm. The court reasoned that damage to police vehicles would be within the scope of liability in a negligence action against defendant, because a reasonable factfinder could determine that damage to police vehicles was a foreseeable result of his actions. State v. Shears, 920 N.W.2d 527, 540, 541. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent N.D.Ill.2018. Com. (a) cit. and quot. in disc.; com. (e) quot. in sup., cit. in sup. (general cite), quot. in case quot. in sup. Airline employees brought a class-action lawsuit against airline and uniform manufacturer, alleging that their new uniforms contained harmful chemicals causing various health issues, and that airline knew about those adverse health effects. This court granted defendants' motion to dismiss without prejudice, holding, inter alia, that plaintiffs' intentional-tort claims against airline were precluded because the claims failed to allege a sufficient level of intent borne by airline to bring their claims out of their states' workers' compensation statutes. The court relied on Restatement Third of Torts: Liability for Physical and Emotional Harm § 1 and § 1, Comment e, in explaining that plaintiffs failed to allege that airline knew with certainty that the uniforms would harm a particular victim or someone in a small class of potential victims. Zurbriggen v. Twin Hill Acquisition Company, Inc., 338 F.Supp.3d 875, 884, 888-891, 893, 894. Iowa, 2018. Cit. in diss. op. State charged defendant with, among other things, breaking into a student's vehicle and stealing a paperback study guide for a commercial-truck-driver course. After defendant entered into a plea agreement, the trial court ordered defendant to pay restitution to operator of the course in the amount of $1,900, which represented the fine that student had agreed to pay operator for failing to return the guide. The court of appeals affirmed. This court vacated the decision of the court of appeals and reversed the trial court's restitution order with respect to the award for the guide on the ground that it was punitive and unsupported by substantial evidence, because state failed to prove that student would actually be required to pay the fine to operator such that defendant could be compelled to pay operator restitution. In arguing in favor of affirming the award, the dissent noted, among other COPYRIGHT 02019 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.

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