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Case Citations [1] (Fall 2024)

handle is hein.ali/resttlph5322 and id is 1 raw text is: THE AMER ICAN LAW INSTITUTE Fall 2024 Citations TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent Conn.App.2023. Quot. in diss. op., com. (e) quot. in diss op. Executor of the estate of an employee who died of mesothelioma after being exposed to asbestos at his workplace sued, among others, decedent's employer, alleging that it intentionally created a dangerous condition that it knew would make employee's mesothelioma substantially certain to occur. The trial court granted employer's motion for summary judgment, finding that executor's claims were barred by the exclusivity provision of the Workers' Compensation Act. This court reversed, holding that there was a genuine issue of material fact as to whether executor's claim came within the substantial certainty exception to the Act's exclusivity provision. The dissent cited Restatement Third of Torts: Liability for Physical and Emotional Harm § 1 in arguing that the substantial-certainty test lost its persuasiveness when the identity of victims became vaguer, the time frame involving the actor's conduct expanded, and the causal sequence connecting the conduct and harm became more complex, especially with respect to occupational diseases caused by long-term exposure to dangerous substances in the workplace. Dusto v. Rogers Corporation, 304 A.3d 446, 475. CHAPTER 3. THE NEGLIGENCE DOCTRINE AND NEGLIGENCE LIABILITY § 7. Duty D.S.C.2023. Quot. in sup. After the operator of a vessel was killed when the vessel struck a stationary contraction dike, personal representative of the decedent's estate filed wrongful-death and survival claims against the federal government, alleging that the government's failure to maintain navigational lights in the river channel near the dike caused the accident. Following a bench trial, this court found in favor of the government, holding that the government did not breach its duty to exercise reasonable care to maintain the lights to aid navigation under Restatement Third of Torts: Liability for Physical and COPYRIGHT (02024 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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