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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/resttlph5317 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally Ariz.2021. Cit. generally in case quot. in disc. In an action by hospital seeking to hold pharmacy and other entities responsible for costs incurred in connection with the opioid epidemic, this court concluded that the exclusive right for a hospital to recover from a third-party tortfeasor was through medical-lien statutes, and that pharmacy did not owe a duty to hospital under the facts alleged. In making its decision, the court rejected hospital's argument that pharmacy owed hospital a duty derived from public policy. The court noted that, under Arizona law, public policy creating a duty was based on state and federal statutes, as well as the common law, specifically, case law and the Restatement sections consistent with Arizona law. CVS Pharmacy, Inc. v. Bostwick in and for county of Pima, 494 P.3d 572, 578. Iowa, 2021. Cit. generally in diss. op., cit. generally in case and in treatise cit. in diss. op. Administratrix of estate of deceased strip-club patron and patron's father brought, among other things, a negligence claim against strip club, alleging that decedent was struck and killed by a vehicle after defendant's employee ejected him from the club. The trial court granted defendant's motion for summary judgment. The court of appeals reversed and remanded. This court vacated and affirmed the judgment of the trial court, holding that defendant did not have a duty to protect decedent towards decedent off-premises. Citing the Restatement Third of Torts: Liability for Physical and Emotional Harm, the dissent argued that the issue in this instant case was better construed as whether defendant breached its ordinary duty of care when it ejected decedent, and the majority stripped fact-finding duties away from the jury by defining the issue purely as whether defendant owed a duty as a matter of law. Morris v. Legends Fieldhouse Bar and Grill, LLC, 958 N.W.2d 817, 828, 832, 833, 835, 838, 840, 841. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent Neb.2021. Cit. in sup. Administrators of murder victim's estate sued psychiatrists and psychiatric facility, alleging that defendants acted negligently when they discharged patient without warning victim of his dangerous propensities, despite the fact that patient had expressed his desire to kill his mother, which resulted in patient killing victim within hours of being discharged. On remand, the trial court granted defendants' motion for summary judgment. This court affirmed, holding, inter alia, that victim's death could not be attributed to a breach of duty to protect her. Citing Restatement Third of Torts: Liability for Physical and Emotional Harm §§ 1 and 2, the court explained that, generally, defendants did not have an affirmative duty to warn or protect third persons, and the circumstances here did not indicate any exceptions to this rule. Rodriguez v. Lasting Hope Recovery Center of Catholic Health Initiatives, 955 N.W.2d 707, 716. COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I 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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