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Foreseeability

Sep 27, 2012

Tort/Negligence – Medical Malpractice — Wrongful Death – Jury Instructions – Proximate Cause – Foreseeability – ‘Injury & Death’

Atkinson v. Carolina Radiology Consultants, P.A. Over plaintiff’s objection, the trial court instructed the jury, “Proximate cause is a cause in which a natural and continuous sequence produces a person’s injury and death and is a cause which a reasonable prudent health care provider could have foreseen would probably produce such injury and death.” Since this instruction would ho[...]

Sep 26, 2012

Tort/Negligence – Medical Malpractice — Wrongful Death – Jury Instructions – Proximate Cause – Foreseeability – ‘Injury & Death’

Atkinson v. Carolina Radiology Consultants, P.A. Over plaintiff’s objection, the trial court instructed the jury, “Proximate cause is a cause in which a natural and continuous sequence produces a person’s injury and death and is a cause which a reasonable prudent health care provider could have foreseen would probably produce such injury and death.”

Sep 6, 2011

Tort/Negligence – Negligent Infliction of Sexually Transmitted Disease – Duty – Proximate Cause – Subsequent, Intervening Cause – Foreseeability – First Impression

Carsanaro v. Colvin A person who knows, or should know, that he or she is infected with a venereal disease has the duty to abstain from sexual conduct or, at the minimum, to warn those persons with whom he or she expects to have sexual relations of his or her condition. Since a spouse is a foreseeable sexual partner, this duty is also owed to the spouse of any of the infected person’[...]

Mar 25, 2011

Practical Litigator: Holding Bates Motel and its sort liable for on-site crimes

Showering in a strange motel room hasn't been the same since Norman Bates called on Janet Leigh one evening in 1960. Nothing makes a weary traveler think nice hot shower like the thought of a knife-wielding mollycoddle prowling the premises. Wearing a wig no less! Sweet dreams? Down the drain, like so much spiraling gore. While no comprehensive studies have quantified the recent data, anecdotal ev[...]

Nov 17, 2010

Tort/Negligence – Premises Liability – Store Customers – Apprehending Shoplifters – Foreseeability

Betts v. Jones. A store owner is not liable for injuries sustained by a customer who was hit by the vehicle of a fleeing shoplifter when the owners were not chasing the shoplifter. Summary judgment for defendant affirmed.

Jun 7, 2010

Torts/Negligence – Products Liability – Trucking Communications Device – Wreck – Distraction – Duty – Foreseeability

Products Liability - Trucking Communications Device - Wreck - Distraction - Duty - Foreseeability

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