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accident activity affirmed alleged apply assault award battery breach causation cause of action child circumstances Citation claim common law comparative negligence compensation conduct consent contributory negligence Corp costs court held Court of Appeals danger death decedent decision defective defendant defendant's determine doctrine driving duty emotional distress employee evidence fact factors failure fault foreseeable Guest Statute harm held liable hold imposed infliction injury intentional invitee involved issue Judge judgment jurisdictions jury Justice Keeton limited loss malpractice manufacturer mental Page Keeton party person plaintiff premises present products liability Prosser protection proximate cause punitive damages question reasonable recover recovery res ipsa loquitur rescue doctrine responsible Restatement result risk Rptr rule safety standard statute strict liability suffered superseding cause supra Supreme Court T]he tion tort law tortfeasor trespass trial court unreasonable verdict victim violation warning warranty wrongful