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 hold defendants responsible only where defendant Clark could have foreseen the exact injury ultimately suffered by plaintiff, the instruction was contrary to prior opinions of our Supreme Court.

Tagged with: Foreseeability Jury Instructions Medical Malpractice proximate cause Tort/Negligence Wrongful 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.”

Tagged with: Foreseeability Jury Instructions Medical Malpractice proximate cause Tort/Negligence Wrongful Death

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’s sexual partner, if the spouse is known or should have been known to the infected person at the time of the sexual intercourse. The infected person can be liable in tort for breaching this duty.

Tagged with: Duty first impression Foreseeability proximate cause

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 evidence suggests that the frequency and magnitude of hotel crimes are exploding. "We're absolutely seeing an increase in crime at hotels," says Philip Farina, a security consultant in San Antonio.

Tagged with: Foreseeability Hotel Premises Liability Tort-Negligence

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.

Tagged with: Foreseeability Premises Liability Randolph County Tort/Negligence

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

Tagged with: Distracted Driver Duty Foreseeability Products Liability Tort-Negligence Tort/Negligence Trucking wreck