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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/relwtrts0328 and id is 1 raw text is: 





                                        TORTS





       DIVISION   ONE.  INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS

         CHAPTER 2.   INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY

           TOPIC  5. THE  INTEREST   IN FREEDOM FROM EMOTIONAL DISTRESS

  § 47. Conduct Intended to Cause Bodily Harm but Causing Emotional Distress

  Cal.App.2017. Com. (c) quot. in sup. Property owners brought trespass, nuisance, and other claims
  against energy utility in connection with a wildfire sparked by utility's power lines that damaged their
  home and destroyed 155 avocado trees on their land. After the trial court granted defendant's motion in
  limine and excluded evidence of owners' emotional-distress damages, the parties entered into an
  amended stipulated judgment on the issue of liability, and the trial court entered a take-nothing judgment
  against plaintiffs. Reversing, this court held that plaintiffs were legally entitled to present evidence of
  emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages
  recoverable for such torts. The court cited Restatement Second of Torts § 929 and Restatement of Torts
  § 47 in explaining that, in a tort case, the measure of damages was the amount that would compensate
  for all the detriment proximately caused thereby, whether it could have been anticipated or not,
  including damages for mental distress. Hensley v. San Diego Gas & Electric Company, 213 Cal.Rptr.3d
  803, 819.



                               DIVISION   TWO.  NEGLIGENCE

                            CHAPTER 12.   GENERAL PRINCIPLES

                        TOPIC  7. DUTIES  OF  AFFIRMATIVE ACTION

     TITLE  B. DUTY  TO  AID OTHERS AND SERVICES GRATUITOUSLY RENDERED OR
                                        UNDERTAKEN

  § 323. Negligent Performance and Termination of Gratuitous Services

  Alaska, 2017. Subsec. (1) cit. in case cit. in ftn. Cabin owner brought an action against insurer of driver
  who crashed into the cabin, alleging that defendant negligently handled a fuel-spill cleanup on the cabin
  property nearly two years after the accident. The trial court granted defendant's motion for summary
  judgment. This court reversed and remanded, holding that there was a genuine issue of material fact as
  to whether defendant affirmatively undertook a duty to plaintiff that was independent of its duty to
  insured. Citing caselaw that relied on Restatement of Torts § 323(1), the court reasoned that defendant
  knew prompt action was required to prevent further contamination and plaintiff attested that he expected




A  L I      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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