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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resttlph5318 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Introduction N.M.2021. Intro. quot. in ftn. to diss. op. Estate of deceased motorist brought a wrongful-death claim in federal court against gasoline station, alleging that defendant negligently entrusted gasoline to a visibly intoxicated driver, resulting in the driver colliding with decedent after refueling his empty vehicle. The district court granted defendant's motion for judgment on the pleadings. The court of appeals certified a question to this court. This court answered, holding that, for the purposes of a negligent-entrustment claim, it extended defendant's duty under the Restatement Second of Torts to refrain from negligently entrusting chattels to include a duty to not sell gasoline to persons it knew or had reason to know were intoxicated. Citing the Restatement Third of Torts: Liability for Physical and Emotional Harm, the dissent argued that it was inappropriate for the majority to rely on the Restatement Second of Torts to resolve novel issues of tort law. Morris v. Giant Four Corners, Inc., 498 P.3d 245, 256. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent. Conn.2021. Com. (c) quot. in sup. Hotel operator sued municipal water authority, alleging that malfunctions in defendant's water pump caused water outages at plaintiff's hotel, resulting in temporary business closure and lost revenue. On remand, the trial court granted defendant's motion for summary judgment. This court affirmed, holding, inter alia, that defendant did not owe plaintiff a duty of care, because normal expectations of defendant's daily tasks did not include an expectation that defendant would be liable in negligence for the economic losses of customers arising from interruption in water services. The court explained that governmental-immunity waiver provisions in state statutes weighed towards a finding that defendant's liability was limited to damages to physical property, as defined by Restatement Third of Torts: Liability for Physical and Emotional Harm § 1, Comment c, because the waiver provisions expressly did not apply to defendant's liability arising from purely economic harms. Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority, 263 A.3d 796, 808. § 3. Negligence Colo.App.2021. Coms. (e) and (f) quot. in sup.; com. (h) cit. in ftn. Individual who was seriously injured while trying to stop an altercation between an intoxicated cab passenger and a cab driver sued cab company, alleging that it breached the duty of care by failing to install partitions separating the front COPYRIGHT C2022 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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