Torts and Compensation: Personal Accountability and Social Responsibility for InjuryThe Standard Edition of the casebook now covers the course in less than 1,000 pages. It includes additions carefully selected from hundreds of cases and statutes decided between 2005 and 2008. New cases illustrate core negligence issues such as the emergency doctrine, negligence per se, foreseeability, actual harm, cause in fact, proximate cause, comparative fault, and assumed risk. New cases also address limited duties, immunities and specialized fields, such as medical malpractice, products liability, governmental immunities, effect of contract on tort, duty to protect the plaintiff from others, and wrongful death and survival actions. References to the Restatement (Third) of Torts are also included. |
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Page 24
... Summary Judgment . The motion to dismiss as- sumes all the facts stated in the complaint are true and argues that , even so , the complaint fails to show a good legal claim . On the other hand , the summary judgment motion , which ...
... Summary Judgment . The motion to dismiss as- sumes all the facts stated in the complaint are true and argues that , even so , the complaint fails to show a good legal claim . On the other hand , the summary judgment motion , which ...
Page 42
... summary judgment . Remember that sum- mary judgment is granted where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law . What would it have taken take for the Mullins court to ...
... summary judgment . Remember that sum- mary judgment is granted where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law . What would it have taken take for the Mullins court to ...
Page 170
... brief oral argument on the defen- dant's motion for summary judgment , and you have an opportunity to state in what respects Ms. Maddux could be found negligent by the trier . Would your primary argument be that she was driving too fast ...
... brief oral argument on the defen- dant's motion for summary judgment , and you have an opportunity to state in what respects Ms. Maddux could be found negligent by the trier . Would your primary argument be that she was driving too fast ...
Contents
TABLE OF CASES | xxxiv |
v Estate of Crabtree 809 N E 2d 433 | xlvi |
Adams By and Through Adams v Childrens | lii |
Copyright | |
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accident affirmative alleged appeal apply apportionment argued award battery breach causation cause of action child claim common law comparative fault compensation conduct consent contributory negligence Corp costs court held danger decision defective defendant defendant's Dist DOBBS ON TORTS doctor doctrine driving duty duty of care emotional distress employee evidence fact failed failure federal foreseeable hospital immunity imposed instruction intentional involved issue jury JUSTICE lawyers loss manufacturer medical malpractice Motor negligence per se NOTES operation parents party patient permitted physical harm physician plaintiff products liability protect proximate cause punitive damages reasonable recover recovery relationship res ipsa loquitur Restatement Second RESTATEMENT THIRD result risk rule S.Ct safety sexual standard strict liability sued suffered summary judgment superseding cause testified tion tort law tortfeasor trespass trial court trial judge verdict vicarious liability victim violation warn wrongful death