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Case Citations [1] (Spring 2024)

handle is hein.ali/resttlph5321 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally D.N.M.2023. Cit. generally in sup. In an action in which a commercial farm owned by the Navajo Nation claimed that the United States negligently failed to maintain an irrigation system that provided water to the farm, this court denied defendant's motion to dismiss based on sovereign immunity, holding that, even if defendant's duty to provide water originally stemmed from a federal statute or a related contract, once defendant accepted responsibility for maintaining the system, it had a duty, under New Mexico tort law, to maintain the system with reasonable care. The court noted that, as a general matter, for actions in negligence, New Mexico courts followed the duty framework of the Restatement Third of Torts: Liability for Physical and Emotional Harm. Navajo Agricultural Products Industry v. United States, 608 F.Supp.3d 1060, 1066, 1067. Pa.Cmwlth.2023. Cit. generally in ftn. County sued lead-paint manufacturer, alleging that defendant's lead paint, which was found in a substantial number of homes in plaintiff's jurisdiction, was a public nuisance. The trial court overruled defendant's preliminary objections. This court reversed and remanded, holding that plaintiff failed to allege that defendant's lead paint constituted a public nuisance. The court explained that, while numerous private homes in plaintiffs jurisdiction were alleged to be contaminated with defendant's lead paint, the contamination did not deprive all members of the community of a right such that it could be considered a public nuisance under Restatement Second of Torts § 821B. The court noted that Pennsylvania courts had not adopted the definition of public nuisance set forth in Restatement of Torts Third: Liability for Physical and Emotional Harm. Atlantic Richfield Company v. County of Montgomery, 294 A.3d 1274, 1283. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent COPYRIGHT (2024 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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