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Case Citations [i] (Fall 2023)

handle is hein.ali/resttlph5320 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent D.S.D.2022. Cit. in sup. (citing § 1 of T.D. No. 1, 2001, which is now § 1 of the Official Text). Life insurer brought an interpleader action, seeking to determine the distribution of life-insurance policy's death benefit given that the policy's sole beneficiary had pleaded guilty to aggravated domestic assault that caused the insured's death. This court granted the insured's children's motion for summary judgment, holding that the original beneficiary was not entitled to insurance benefits under state slayer statutes. The court explained that original beneficiary's killing of insured was intentional for the purpose of state slayer statutes, as defined by Restatement Third of Torts: Liability for Physical and Emotional Harm § 1, because, while original beneficiary did not assault insured with the purpose of killing her, he was substantially certain that death could result from the assault. New York Life Insurance Company v. Torrence, 592 F.Supp.3d 836, 842. CHAPTER 2. LIABILITY FOR PHYSICAL HARM § 4. Physical Harm D.Neb.2022. Cit. in sup.; com. (c) cit. in sup. Insured sued insurer, alleging that defendant failed to implement proper security policies for the personally-identifiable information of its customers, resulting in plaintiff's information being obtained for illegal uses by third parties after defendant suffered a data breach from a phishing attempt. This court denied in part defendant's motion to dismiss, holding that plaintiff alleged a claim for negligence, because defendant owed plaintiff a duty to exercise care regarding personally-identifiable information it collected from customers. The court explained that defendant had a duty to exercise reasonable care when its conduct created a risk of physical harm, and observed that, under Restatement Third of Torts: Liability for Physical and Emotional Harm § 4, physical harm included detrimental changes in the physical condition of a defendant's business records. Weisenberger v. Ameritas Mutual Holding Company, 597 F.Supp.3d 1351, 1360. Me.2022. Quot. in sup. Paper-mill employee who worked as a crane operator sued crane-repair company, alleging that defendant's negligence caused plaintiff to develop post-traumatic stress disorder, COPYRIGHT C2023 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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