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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/resttlph5315 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND
EMOTIONAL HARM
Generally
S.D.Iowa, 2020. Cit. generally in disc. Party guests who were injured by faulty fireworks sued fireworks
retailer, alleging, inter alia, that defendant engaged in negligent testing by failing to properly test its
fireworks, because it permitted foreign manufacturer to negligently manufacture and assemble fireworks
that defendant sold. This court granted defendant's motion for summary judgment, holding that
plaintiffs could not raise new negligence claims in their motion to resist summary judgment. The court
explained that, even if plaintiffs had properly asserted their negligence claim citing Restatement Third of
Torts: Liability for Physical and Emotional Harm, their assertion that defendant was liable for the
negligent conduct of third-party manufacturer failed as a matter of law, because Iowa did not recognize
products-liability claims for third-party liability. A.L. ex rel. Limkemann v. Jake's Fireworks, Inc., 456
F.Supp.3d 1074, 1081.
CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS
§ 1. Intent
N.D.Ill.2020. Com. (e) quot. in sup. Airline employees filed a putative class action representing two
classes against airline for state tort-law claims of battery and fraud, alleging that defendants forced
plaintiffs to wear uniforms containing harmful amounts of toxic substances that caused injuries to
employees wearing the uniform and persons around them. This court denied in part defendant's motion
to dismiss, holding that one class of plaintiffs-who brought battery claims under jurisdictions whose
workers' compensation laws provided intentional-tort exceptions to workers' compensation
exclusivity-alleged sufficient facts that defendant was substantially certain its employees would be
injured by the uniforms. The court explained that those plaintiffs who alleged that defendant's
management knew them by name due to the frequency that they filed reports that they were being
harmed by being in proximity to co-workers wearing the uniforms demonstrated that defendant was
substantially certain that they were persons within a small class of potential victims within a localized
area under Restatement Third of Torts: Liability for Physical and Emotional Harm § 1, Comment e;
however, those plaintiffs who only alleged that they were harmed by wearing the uniform and did not
report their complaints to management only established a statistical likelihood of their harm by the
uniforms. Zurbriggen v. Twin Hill Acquisition Company, Inc., 455 F.Supp.3d 702, 721.
Tex.2020. Cit. and quot. in disc.; com. (a) cit. and quot. but not fol. Parents and sibling of decedent,
individually and as personal representative of decedent's estate, brought an action for wrongful death
and survival against decedent's employer, alleging that defendant intentionally caused decedent's death
by forcing him and other drivers in its employ to work extensive hours, which led to decedent's fatal
vehicular accident resulting from his fatigue. The trial court granted defendant's motion for summary
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