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

handle is hein.ali/resttlph5316 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally D.Neb.2020. Cit. generally in sup. University student sued, among others, property manager of fraternity house and national fraternity organization, alleging that defendants were negligent in allowing and encouraging hazing, underage drinking, and marijuana use as part of fraternity initiation processes conducted by university fraternity chapter, resulting in an initiated fraternity member who underwent the process entering plaintiff's dorm room and injuring her with a knife. This court granted defendants' motion to dismiss, holding that defendants' negligence was not the proximate cause of plaintiff's injuries under the Restatement Second of Torts, because fraternity member's actions were a superseding cause that broke the causal connection between defendants' purported wrong and plaintiff's injury. The court rejected plaintiff's assertion that it should not apply caselaw following the Restatement Second because Nebraska adopted the Restatement Third of Torts: Liability for Physical and Emotional Harm, and explained that Nebraska had yet to overturn that caselaw. Spagna v. Park Avenue Phi Psi House, Inc., 478 F.Supp.3d 813, 822. Iowa App.2020. Cit. generally in cases cit. in disc. After tractor driver was struck and killed by intoxicated truck driver, estate of decedent and family members sued, among others, agricultural cooperative that hired employer of truck driver, alleging, inter alia, that defendant was directly liable for negligently hiring truck driver. The trial court denied defendant's partial motion for summary judgment. This court reversed and remanded, holding that defendant did not owe decedent a duty of care to vet and examine the hiring of truck driver, because that was the responsibility of truck driver's employer. The court noted that it was appropriate to look to the Restatement Second of Torts and Restatement Third of Torts: Liability for Physical and Emotional Harm in determining the scope of defendant's duty, because Iowa frequently looked to the Restatements to analyze similar issues of an employer's direct liability for the conduct of their independent contractors. Estate of Fields by Fields v. Shaw, 954 N.W.2d 451, 458. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent Tex.2020. Cit. but not fol., cit. in case cit. but not fol.; com. (a) cit. and quot. in ftn.; com. (e) quot. in ftn. Worker brought an action under the intentional-injury exception to state workers' compensation schemes against subcontractor, alleging that defendant's superintendent at the parties' worksite intentionally caused plaintiff's injury when he forced a machine to free itself from hardened concrete despite knowing of the extreme dangers of doing so, resulting in the machine collapsing and knocking over steel leads that crushed plaintiff's leg. The trial court entered judgment on a jury verdict for plaintiff. The court of appeals reversed and remanded. This court affirmed in part, reversed in part, and entered judgment for defendant, holding that there was insufficient evidence to support a jury finding COPYRIGHT ©2021 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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