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Trial Court Procedure in Torts Cases
Intentional Harms to Persons and Property
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accident affirmed alleged apply assumption of risk award battery breach Cal.Rptr causation cause in fact cause of action circumstances claim common law comparative negligence compensation complaint condition consent constitute contributory negligence court held Court of Appeals danger decedent decision defective defendant defendant's conduct determine directed verdict dissenting district court doctrine duty emotional distress employees established evidence factor failure fault federal foreseeable harm hold immunity imposed instruction intentional involved issue jurisdictions jury Justice land legal cause limited loss manufacturer market share medical malpractice motion Notes nuisance operation opinion owner party personal injury physical plaintiff present products liability protect proximate cause punitive damages question reasonable recognized recover recovery res ipsa loquitur Restatement Second result rule sovereign immunity standard statute strict liability suffered summary judgment supra Supreme Court T]he testified theory tion tort law tortfeasor trespass trial court trial judge unreasonable Wagon Mound warranty