Manufacturing Defects

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "-3- 1. Manufacturing Defects"

Transcription

1 A SUMMARY OF PUERTO RICO PRODUCTS LIABILITY LAW Presented by: Manuel Moreda-Toldeo, Esq., McConnell Valdes While Puerto Rico is, in essence, a Civil Law jurisdiction, its legislature has never enacted any laws specifically governing the area of products liability. As early as 1969, however, the Puerto Rico Superior Court established that products liability actions in Puerto Rico were to be premised on Article 1802 of our then-applicable 19 th Century Civil Code. Shortly thereafter, in the case of Mendoza v. Cervercería Corona 97 P.R.R (1969), the Puerto Rico Supreme Court adopted the lower court s stance on this matter and premised its incorporation of the elements of the products liability cause of action provided by section 402A of the Restatement of Torts, Second on the referenced Article. Since 1969, Puerto Rico courts have further elaborated and developed the products liability doctrine, always premised on Article 1802 of the Civil Code. See Rivera-Santana v. Superior Packaging. Inc., 92 J.T.S. 165, (1992). See also McPhail v. Municipality of Culebra, 598 F.2d 603, 606 (1st Cir. 1979); Guevara v. Dorsey Laboratories. Div. of Sandoz, 845 F.2d 364, 367 (1st Cir. 1988); Montero Saldaña v. Amer. Motors Corp., 107 D.P.R. 452 (1978); Marshall v. Pérez Arzuaga, 828 F.2d 845 (1987); Santiago v. Brasil, Inc., 830 F.2d 413 (1987); Benítez-Alleral v. Alcan Aluminio Do Brasil. S.A., 857 F.2d 26 (1988); Malavé Félix v. Volvo Car Corp., 946 F.2d 967 (1991). Thus for instance, in Montero Saldaña, the Supreme Court relied on the strict liability torts principles established by the Supreme Court of California in Greenman v. Yuba Power Products, Inc., 377 P.2d 897 (Cal. 1963) and its progeny in order to reject the "unreasonably dangerous requirement of Section 402A, which had been adopted in Mendoza, and which had been premised on Article The Puerto Rico Supreme Court has in fact, constantly relied on California precedent when

2 -2- Under the present controlling guidelines, in a strict liability action in Puerto Rico, a plaintiff must, first, prove the existence of a defect in the product and, second, demonstrate that this defect was the proximate cause of the injuries he or she suffered. Failure to prove either one of these two elements requires a judgment for the defendant. See Montero Saldaña; Mendoza. Although a plaintiff need not directly establish the manufacturer's negligence, the latter has been deemed not to be the insurer of every damage his products may cause." See Mendoza, 97 P.R.R. at 499. Moreover, the assumption of risk and comparative negligence defenses have been deemed to be applicable to strict liability cases in Puerto Rico. See Montero Saldaña, 107 D.P.R. at 463. To demonstrate that a product is defective, a plaintiff must show that the product "fail[ed] to equal the average quality of similar products; in other words, that it failed the consumer expectation test. Rivera Santana, 92 J.T.S. at 10164; Montero, 107 D.P.R. at 462. To demonstrate causation, on the other hand, a plaintiff must prove that his or her injury is attributable to the defective product. Malavé Felix v. Volvo Car Corp., 946 F.2d 967, 971 (1st Cir. 1991); Rivera Santana, 92 J.T.S. at Causation cannot be established by the mere demonstration that the defendant's product possibly caused the plaintiff's injury. Malavé Félix, addressing products liability issues, and there is no reason to believe that it will refrain from doing so in the future. Although the Supreme Court has recently incorporated some European Civil Law tort doctrines in the field of causation and negligence into this body of law, their further evolution unto the product liability field is still speculative at best.

3 F.2d at 972, citing Delgado v. Boston Ins. Co., 99 P.R.R. 693, 704 (1971); Sáez v. Municipality, 84 P.R.R. 515, 523 (1962). Speculation or conjecture as to what might or could have caused a plaintiff's injuries is simply insufficient as a matter of Puerto Rico law. Malavé Félix, 946 F.2d at 972; Saez, 84 P.R.R. at 523. Rather, the plaintiff must establish: (i) the existence of a defective product, (ii) that the plaintiff was exposed to this defective product and, if the first two elements are established, (iii) that this defective product was the most likely cause of the plaintiff's injuries. Id. Under Puerto Rico law, there are three types of defects in product liability actions: (1) manufacturing defects; (2) design defects; and (3) failure to warn defects. Rivera Santana, 92 J.T.S. at Manufacturing Defects As to manufacturing defects, the Puerto Rico Supreme Court has adopted the consumer expectation test employed in Greenman, that is, that a product is defective when it fails to meet the average quality of similar products. Rivera Santana, 92 J.T.S. at Design Defects With respect to design defects, the Supreme Court of Puerto Rico has adopted the two-alternatives test set out in Barker v. Lull Engineering, 573 P2d (19 ), through which a product is deemed defective in terms of design either (1) if the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or (2) if the benefits of the challenged design do not outweigh the risk of danger inherent in such design." Rivera Santana, 92 J.T.S. at 10164, n.9. Among the relevant factors that may be taken into consideration in determining the existence of design defects are: (1) the gravity of the danger posed by the challenged design, (2) the likelihood that such danger will occur, (3) the mechanical feasibility of a safer alternative design, (4) the financial

4 -4- cost of an improved design, and (5) the adverse consequences to the product and to the consumer that would result from an alternative design." Barker, 573 P.2d at 455. The Puerto Rico Supreme Court has also adopted the burden of proof standard established in Barker for design defect cases. Barker essentially held that: because evidentiary matters pertaining to design of the injury product, e.g., the feasibility and cost of alternative designs are technical matters peculiarly within the manufacturer's knowledge, once the plaintiff makes a prima facie showing that the injury was proximately caused by the product's design, the burden should appropriately shift to the defendant to prove, in light of the relevant factors, that the product is not defective. To satisfy the preceding risk-benefit test, a plaintiff is required to prove only that the design of the product was a proximate cause of the injury. Bernal, at 45. It is not the plaintiff's burden to show, under the risk-benefit analysis, that the risks involved in the design outweigh their benefits. Id. at 46. The defendant, on the other hand, has the burden of highlighting all the benefits of its product's design before the jury. This includes providing technical information that is peculiar and readily available to the manufacturer. Such as, information tending to prove that any alternate design would entail unreasonable costs, would not be cost-effective, is impractical and interferes with the product s performance or creates other increased risks. Unlike the risk-benefit test, the consumer expectation test requires that the plaintiff prove by a preponderance of the evidence all the facts necessary to show (1) that the design of the product that injured plaintiff was the same as the design of the product when it left the defendant's possession; (2) that the product failed to perform as safely as an ordinary

5 -5- consumer of that product would expect; (3) that the design of the product was a proximate cause of plaintiff's injury (4) that the product was used in a manner reasonably foreseeable by the defendant; and (5) the nature and extent of plaintiff s injuries. As with the risk-benefit test, however, defendants exposed to consumer expectation tests have the burden of proving by a preponderance of the evidence that, on balance, the benefits of the design of the product as a whole outweigh the risk of danger inherent in such design. 3. Failure to Warn Defects Even if a product is free of manufacturing and design defects, it will nevertheless be considered defective if the manufacturer fails to offer adequate warnings or instructions with respect to the inherent dangers and risks associated with use of the product. This duty extends to all product uses that are reasonably foreseeable to the manufacturer. Failure to give such warnings will expose the manufacturer to liability if it is proven that he knew, or should have known of the danger in question. Rivera Santana, 92 J.T.S. at and cases cited therein. As with any tort action, the following defenses are available under Puerto Rico law for products liability claims: (a) waiver by running of statute of limitations, (b) assumption of risk; and (c) comparative negligence. The applicable statute of limitations for tort actions, including strict liability, fraud, negligence and implied warranty actions, is one (1) year from the time the aggrieved person had knowledge of the injury. Article 1868 of the Puerto Rico Civil Code; Kaiser v. Armstrong World Indus. Inc., 872 F. 2d 512, 515 (1st. Cir. 1989). Knowledge is defined as both "notice of the injury" and "notice of the person who caused it". Kaiser, supra, at page 516. Notice of the injury "occurs when there exists some outward or physical sign through which the aggrieved

6 -6- party may become aware and realize he or she has suffered a damage even if at the time its full scope and extent cannot be weighed." Delgado Rodriguez v. Nazario de Ferrer, 88 J.T.S. 63, Rosado Serrano v. E.I. DuPont de Nemours and Co., 797 F. Supp 98, 100 (D.P.R. 1992). Notice of the person who caused it "occurs when plaintiff knew or with the degree of diligence required by law should have known whom to sue." Id. (citing Santiago Hodge v. Parke Davis & Co., 833 F. 2d 6, 8 (1st Cir. 1987)). Under Puerto Rico law, the defense of "assumption of risk" might have the result of either precluding any recovery from defendant or of reducing plaintiff's recovery by the percentage of negligence attributable to plaintiff. The same occurs with regard to comparative negligence: a plaintiff's negligence will reduce his or her recovery from defendant in proportion to his or her own comparative negligence. In addition, his or her negligence will be deemed attributable to other plaintiffs claiming damages on a derivative basis. Hence, if plaintiff "John Doe" was 30% negligent, the amounts to be recovered by his wife and children, assuming they are entitled to such recovery, will also be reduced by 30%, even though they were not negligent. A defense of failure to mitigate damages might also preclude or limit a plaintiff s chances of recovery if he or she fails to take the necessary steps to reduce or contain the damages suffered, that is, unless the situation is one in which no such amelioration is possible. Computec Systems Corp. v. General Automation Inc., 599 F. Supp. 819, 828 (D.P.R. 1984). Last, but not least, a defense of "absorption of fault" might preclude plaintiff from recovering anything at all if his or her own negligence is disproportionately greater than any that might be attributable to the defendant. F:\ATTY\LIT\MM\Miscelaneo\Product Liability Practice Group\Artículos\SummarPR Law

LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1

LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1 LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO By Francisco J. Colón-Pagán 1 I. OVERVIEW OF PUERTO RICO LEGAL SYSTEM A. Three branches of government B. Judicial Branch 1. Supreme

More information

2. Elements of the Product Liability Tort Claim

2. Elements of the Product Liability Tort Claim 1. THE PRODUCT LIABILITY TORTS A. The Strict Product Liability Doctrine In the 1960 s, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. This section states: (1) One who sells

More information

ILLINOIS LAW MANUAL CHAPTER VI OTHER CAUSES OF ACTION

ILLINOIS LAW MANUAL CHAPTER VI OTHER CAUSES OF ACTION If you have questions regarding Product Liability, please contact Bruce Schoumacher via bschoumacher@querrey.com www.querrey.com 2012 Querrey & Harrow, Ltd. All rights reserved. B. PRODUCT LIABILITY ILLINOIS

More information

Key Concept 4: Understanding Product Liability Law

Key Concept 4: Understanding Product Liability Law Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability

More information

PRODUCT LIABILITY INSTRUCTIONS. Introduction

PRODUCT LIABILITY INSTRUCTIONS. Introduction Introduction The RAJI (CIVIL) 5th Product Liability Instructions refer only to manufacturers and sellers. These instructions should be expanded when appropriate to include others in the business of placing

More information

Unintentional Torts - Definitions

Unintentional Torts - Definitions Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

DESIGN DEFECT GENERALLY (Approved 4/99; Revised 5/10) NOTE TO JUDGE

DESIGN DEFECT GENERALLY (Approved 4/99; Revised 5/10) NOTE TO JUDGE CHARGE 5.40D-1 Page 1 of 5 5.40D-1 DESIGN DEFECT GENERALLY (Approved 4/99; Revised 5/10) NOTE TO JUDGE A design defect may be established by different methods. One method is the Consumer Expectations Test.

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE: ASBESTOS LITIGATION : : Limited to: : Olson, Arland : C.A. No. 09C-12-287 ASB UPON DEFENDANT CBS CORPORATION S MOTION

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, Oregon

By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, Oregon PRODUCTS LIABILITY LAW: COMPARING THE APPROACH IN OREGON AND WASHINGTON By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, This article appeared in the Spring 2005 issue of the State Bar's Products

More information

1. PARTIES TO A PRODUCTS LIABILITY ACTION. A. Plaintiffs

1. PARTIES TO A PRODUCTS LIABILITY ACTION. A. Plaintiffs 1. PARTIES TO A PRODUCTS LIABILITY ACTION A. Plaintiffs Individuals, corporations, and other business entities may allege strict product liability tort claims. A strict product liability plaintiff, whether

More information

Chapter 11 Torts in the Business Environment

Chapter 11 Torts in the Business Environment Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the

More information

Chapter 7 Tort Law and Product Liability

Chapter 7 Tort Law and Product Liability Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability

More information

NC General Statutes - Chapter 99B 1

NC General Statutes - Chapter 99B 1 Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim

More information

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:07-cv-00389-MJW-BNB Document 51 Filed 08/21/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00389-MJW-BNB ERNA GANSER, Plaintiff, v. ROBERT

More information

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP Product Liability Risks for Distributors: The Basics Susan E. Burnett Bowman and Brooke LLP Whereas.... State laws vary widely and change frequently, Every case is different, I'm not your lawyer.. Disclaimer:

More information

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.

More information

Negligence: Element III: Proximate Cause. Chapter 15

Negligence: Element III: Proximate Cause. Chapter 15 Negligence: Element III: Proximate Cause Chapter 15 Introduction Proximate Cause. 1) the causation question (cause in fact): Did the defendant cause the plaintiff s injury? 2) The policy question ( a cut-off

More information

Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM

Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM Filing # 22009228 Electronically Filed 12/29/2014 03:48:06 PM PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, vs. Plaintiff, ROPES COURSES, INC., FB ORLANDO

More information

2:11-cv-11155-AC-RSW Doc # 21 Filed 02/03/12 Pg 1 of 7 Pg ID 331 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:11-cv-11155-AC-RSW Doc # 21 Filed 02/03/12 Pg 1 of 7 Pg ID 331 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:11-cv-11155-AC-RSW Doc # 21 Filed 02/03/12 Pg 1 of 7 Pg ID 331 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION URSULA BROWN, Plaintiff, v. Case No. 11-11155 DELTA AIR LINES,

More information

Torts Violation of Criminal Statute as Negligence Per Se or Mere Evidence of Negligence

Torts Violation of Criminal Statute as Negligence Per Se or Mere Evidence of Negligence Washington University Law Review Volume 1950 Issue 2 January 1950 Torts Violation of Criminal Statute as Negligence Per Se or Mere Evidence of Negligence McCormick V. Wilson Follow this and additional

More information

PRODUCTS LIABILITY. JOAN MARIE HART* and F. MICHAEL HART**

PRODUCTS LIABILITY. JOAN MARIE HART* and F. MICHAEL HART** PRODUCTS LIABILITY JOAN MARIE HART* and F. MICHAEL HART** I. INTRODUCTION Fifteen years ago, in Stang v. Hertz,' the New Mexico Supreme Court embraced the doctrine of strict products liability. The decision

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

Defenses in a Product Liability Claim

Defenses in a Product Liability Claim Defenses in a Product Liability Claim written by: Mark Schultz, Esq. COZEN O CONNOR Suite 400, 200 Four Falls Corporate Center West Conshohocken, PA 19428 (800) 379-0695 (610) 941-5400 mschultz@cozen.com

More information

Negligence & Tort Law

Negligence & Tort Law Negligence & Tort Law How to Prove Negligence The plaintiff needs to prove four elements by a preponderance of the evidence Duty Breach of Duty Causation (two parts) Damages Duty Defined: A legal obligation

More information

Premises Liability for Third Party Crime (Full Article)

Premises Liability for Third Party Crime (Full Article) Premises Liability for Third Party Crime (Full Article) Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to

More information

Wolfe v McNeil-PPC, Inc. A current application of the failure-to-warn doctrine.

Wolfe v McNeil-PPC, Inc. A current application of the failure-to-warn doctrine. Wolfe v McNeil-PPC, Inc. A current application of the failure-to-warn doctrine. By Charles J. Crooks, Esquire, a member of Jackson Kelly PLLC For: Law360 s May 2011 Product Liability Guest Column New products

More information

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association MEMORANDUM TO: FROM: RE: Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association David R. Carpenter, Collin P. Wedel, Lauren A. McCray Liability of Municipal Members

More information

Key Legal Issues In Construction Defect Claims. Deborah E. Colaner Crowell & Moring LLP

Key Legal Issues In Construction Defect Claims. Deborah E. Colaner Crowell & Moring LLP Key Legal Issues In Construction Defect Claims Deborah E. Colaner Crowell & Moring LLP Recent Development: The California Supreme Court has ruled that contractors cannot be held liable in negligence for

More information

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation)

By Heather Howell Wright, Bradley Arant Boult Cummings, LLP. (Published July 24, 2013 in Insurance Coverage, by the ABA Section Of Litigation) Tiara Condominium: The Demise of the Economic Loss Rule in Construction Defect Litigation and Impact on the Property Damage Requirement in a General Liability Policy By Heather Howell Wright, Bradley Arant

More information

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL

More information

Employment - Federal Employers Liability Act. EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL)

Employment - Federal Employers Liability Act. EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL) . EMPLOYMENT FEDERAL RAILWAY SAFETY ACT. LEGAL OVERVIEW (GENERAL) The Federal Railway Safety Act, 49 U.S.C. 20101 et seq., (the FRSA ) was enacted in 1970 to promote safety in every area of railroad operations

More information

Case 2:08-cv-03323-BMS Document 17 Filed 08/04/09 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM

Case 2:08-cv-03323-BMS Document 17 Filed 08/04/09 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM Case 2:08-cv-03323-BMS Document 17 Filed 08/04/09 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICIA MAYER, : Plaintiff, : CIVIL ACTION : v. : : CARLOS MASCAREHAS,

More information

Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. versus No.

Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. versus No. Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOYCE HAMPTON, ET AL. CIVIL ACTION versus No. 06-10929 OWENS-ILLINOIS, ET AL.

More information

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher?

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher? LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for

More information

Was (state name of health care provider or other person actually performing service) 2

Was (state name of health care provider or other person actually performing service) 2 Page 1 of 7 809.66 MEDICAL NEGLIGENCE - HEALTH CARE PROVIDER'S LIABILITY FOR ACTS OF NON-EMPLOYEE AGENTS - RESPONDEAT SUPERIOR - APPARENT AGENCY. 1 NOTE WELL: This instruction previously was labeled N.C.P.I.

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Owner s Damages for Construction Defects:

Owner s Damages for Construction Defects: Owner s Damages for Construction Defects: A Primer 18th Annual Construction Superconference December 12, 2003 San Francisco, California Kenneth I. Levin levink@pepperlaw.com 1 Owner s Damages Generally

More information

STATE OF OREGON TRANSPORTATION COMPENDIUM OF LAW

STATE OF OREGON TRANSPORTATION COMPENDIUM OF LAW STATE OF OREGON TRANSPORTATION COMPENDIUM OF LAW Rodney L. Umberger, Jr. Marc M. Carlton Williams Kastner 888 SW Fifth Avenue, Suite 600 Portland, OR 97204 Phone: (503) 228 7967 Email: rumberger@williamskastner.com

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANT ATTORNEYS FOR AMICI CURIAE David V. Scott Nelson D. Alexander Indiana Legal Foundation, Inc. New Albany, Indiana Kevin C. Schiferl Peter J. Rusthoven Maggie

More information

A summary and analysis of Borg-Warner is attached.

A summary and analysis of Borg-Warner is attached. According to Andrew Schirrmeister, plaintiffs lawyers specializing in toxic tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v. Flores, 1 the Texas Supreme Court issued a significant

More information

Court of Common Pleas of Ohio, Montgomery County. Jeffrey A. TIREY, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., et al., [FN*] Defendants.

Court of Common Pleas of Ohio, Montgomery County. Jeffrey A. TIREY, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., et al., [FN*] Defendants. Court of Common Pleas of Ohio, Montgomery County. Jeffrey A. TIREY, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., et al., [FN*] Defendants. FN* No appeal has been taken from the decision of the court. No.

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444

More information

Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2

Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2 Property Insurance By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Extra-Contractual Damages Against Insurers: What is the Statute of Limitations? Background The Illinois Legislature has provided a

More information

Civil Law and Procedure

Civil Law and Procedure Chapter 5 Civil Law and Procedure Business Law Ms. Turner Crime Offense against society Tort Private or civil wrong; offense against an individual Can sue to receive money damages Can be both a crime and

More information

Determining Whether Medical Causation Is Established

Determining Whether Medical Causation Is Established Determining Whether Medical Causation Is Established February 2010 By H. Thomas Watson Using Statistical Analysis To prove medical malpractice liability, the plaintiff must establish through competent

More information

Chapter 9. Product Liability. 9.1 History of Products Liability

Chapter 9. Product Liability. 9.1 History of Products Liability Chapter 9 Product Liability The law has changed over the last 40 years in those instances where the defendant in the lawsuit is a producer of a product that injured the plaintiff. Issues arise such as

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

Claims College School of Construction LEVEL 1

Claims College School of Construction LEVEL 1 Claims College School of Construction LEVEL 1 Construction Defect Liability Theories and Defenses Objectives At the end of this course, you will be able to: Describe the theories of liability and defenses

More information

2.25 HOSTILE WORK ENVIRONMENT CLAIMS UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION (SEXUAL AND OTHER HARASSMENT) (05/2015)

2.25 HOSTILE WORK ENVIRONMENT CLAIMS UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION (SEXUAL AND OTHER HARASSMENT) (05/2015) 2.25 HOSTILE WORK ENVIRONMENT CLAIMS UNDER THE NEW JERSEY LAW AGAINST DISCRIMINATION (SEXUAL AND OTHER HARASSMENT) (05/2015) The following charge is based on the Supreme Court's decision in Lehmann v.

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A136605

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A136605 Filed 8/28/13 Shade v. Freedhand CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

LOST CHANCE DOCTRINE. Background

LOST CHANCE DOCTRINE. Background LOST CHANCE DOCTRINE Background In order to recover damages in a typical tort action, a plaintiff must show by a preponderance of the evidence that the defendant's negligence was the proximate cause of

More information

But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430

But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 By Matt Powers and Charles Lifland Since the California Supreme Court s 1991 decision in Mitchell

More information

Asbestos Liability Unlikely For Replacement Parts

Asbestos Liability Unlikely For Replacement Parts Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Asbestos Liability Unlikely For Replacement

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. v. : No. 3:00CV0459(RNC) RULING AND ORDER. This case presents the question whether an employer s

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. v. : No. 3:00CV0459(RNC) RULING AND ORDER. This case presents the question whether an employer s UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RELIANCE NATIONAL INSURANCE CO., : Plaintiff, : v. : No. 3:00CV0459(RNC) JONATHON VITALE, LYNN VITALE : and RAVIZZA BROTHERS, INC., Defendants. : RULING

More information

8.70 TORT CLAIMS ACT THRESHOLD FOR RECOVERY OF DAMAGES FOR PAIN AND SUFFERING (3/10)

8.70 TORT CLAIMS ACT THRESHOLD FOR RECOVERY OF DAMAGES FOR PAIN AND SUFFERING (3/10) CHARGE 8.70 Page 1 of 5 8.70 TORT CLAIMS ACT THRESHOLD FOR RECOVERY OF DAMAGES FOR PAIN AND SUFFERING (3/10) NOTE TO JUDGE When the plaintiff s negligence claim arises against a government entity, the

More information

Tort/Liability Law. Comparative Fault, Joint and Several Liability, and Assumption of Risk

Tort/Liability Law. Comparative Fault, Joint and Several Liability, and Assumption of Risk Tort/Liability Law Comparative Fault, Joint and Several Liability, and Assumption of Risk Minnesota is a comparative fault state; thus, the fault of all parties to an occurrence is compared whether the

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

DEVELOPMENTS IN PRODUCT LIABILITY LAW THE HARM OF HINDSIGHT ANALYSIS IN DESIGN DEFECT CASES RETURN OF THE FOOL PROOF PRODUCT

DEVELOPMENTS IN PRODUCT LIABILITY LAW THE HARM OF HINDSIGHT ANALYSIS IN DESIGN DEFECT CASES RETURN OF THE FOOL PROOF PRODUCT DEVELOPMENTS IN PRODUCT LIABILITY LAW THE HARM OF HINDSIGHT ANALYSIS IN DESIGN DEFECT CASES RETURN OF THE FOOL PROOF PRODUCT The Tort Reform Amendments of 1993 contained a substantial number of substantive

More information

The Family Medical Leave Act Overview By Tracy A. Cinocca

The Family Medical Leave Act Overview By Tracy A. Cinocca The Family Medical Leave Act Overview By Tracy A. Cinocca A general rule in many states is that an employment contract is terminable-at-will, which means that either the employer or the employee has the

More information

Rolling the Dice: Insurer s Bad Faith Failure to Settle within Limits

Rolling the Dice: Insurer s Bad Faith Failure to Settle within Limits Rolling the Dice: Insurer s Bad Faith Failure to Settle within Limits By: Attorney Jeffrey J Vita and Attorney Bethany DiMarzio Clearly the obligation to accept a good-faith settlement within the policy

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION JASON LONG, Plaintiff, v. NO. 0:00-CV-000 ABC THE CHABON GROUP, INC., Defendant. DEFENDANT S MOTION FOR SUMMARY JUDGMENT

More information

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOYCE FULLINGTON PLAINTIFF v. No. 4:10CV00236 JLH PLIVA, INC., formerly known as Pliva USA, Inc.; and MUTUAL PHARMACEUTICAL

More information

Conclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion:

Conclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion: FORMAL OPINION NO 2005-158 [REVISED 2015] Conflicts of Interest, Current Clients: Representing Driver and Passengers in Personal Injury/Property Damage Claims Facts: Lawyer is asked to represent both the

More information

Professional Negligence

Professional Negligence 1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of

More information

LIABILITY ISSUES IN THE DEFENSE OF CONSTRUCTION DEFECT CASES IN ILLINOIS

LIABILITY ISSUES IN THE DEFENSE OF CONSTRUCTION DEFECT CASES IN ILLINOIS LIABILITY ISSUES IN THE DEFENSE OF CONSTRUCTION DEFECT CASES IN ILLINOIS Joseph F. Spitzzeri Rory L. Margulis Johnson & Bell, Ltd. Johnson & Bell, Ltd. 33 W. Monroe Street 33 W. Monroe Street 27 th Floor

More information

An act can be both a crime and a tort. Example reckless driving resulting in an accident

An act can be both a crime and a tort. Example reckless driving resulting in an accident How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person

More information

Pending before the Court in the above-entitled matter are Plaintiff s motion for

Pending before the Court in the above-entitled matter are Plaintiff s motion for Case 1:08-cv-00225-EJL-CWD Document 34 Filed 03/02/10 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF IDAHO OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation, Plaintiff, Case No.

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring Prepared by the Job Opportunities Task Force and the Homeless Person s Representation Project For more information,

More information

A Bill Clarifying a Workers Compensation Insurer s. Subrogation Interest in Third-Party Claims

A Bill Clarifying a Workers Compensation Insurer s. Subrogation Interest in Third-Party Claims Subrogation Options for Consideration A Bill Clarifying a Workers Compensation Insurer s Subrogation Interest in Third-Party Claims Whereas, subrogation is a device of equity which is designed to compel

More information

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION

FORC QUARTERLY JOURNAL OF INSURANCE LAW AND REGULATION The plaintiff in Schmidt filed suit against her employer, Personalized Audio Visual, Inc. ("PAV") and PAV s president, Dennis Smith ("Smith"). 684 A.2d at 68. Her Complaint alleged several causes of action

More information

IN COURT OF APPEALS DECISION DATED AND RELEASED NOTICE OCTOBER 7, 1997. No. 97-1478-FT KATHLEEN K. WARD AND CHARLES W. WARD, PLAINTIFFS-APPELLANTS,

IN COURT OF APPEALS DECISION DATED AND RELEASED NOTICE OCTOBER 7, 1997. No. 97-1478-FT KATHLEEN K. WARD AND CHARLES W. WARD, PLAINTIFFS-APPELLANTS, COURT OF APPEALS DECISION DATED AND RELEASED OCTOBER 7, 1997 A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See 808.10 and RULE 809.62, STATS.

More information

Liability Concerns for Farmers Involved in Direct Marketing of Farm Products

Liability Concerns for Farmers Involved in Direct Marketing of Farm Products Liability Concerns for Farmers Involved in Direct Marketing of Farm Products (August 2003) Prepared by Carolyn J. Pugh Legal Research Assistant Agricultural Law Research and Education Center Pennsylvania

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES Fernando F. Chavez, Esq. SBN 0 CHAVEZ LAW GROUP 00 West Beverly Blvd., Montebello, Ca 00 Phone: () 00-0, Facsimile: (0) 1-01 E-mail: ffchavez0@gmail.com Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE

More information

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3). UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT

More information

Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable for Computer Software Defects?

Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable for Computer Software Defects? Santa Clara High Technology Law Journal Volume 8 Issue 1 Article 4 January 1992 Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable for Computer Software Defects?

More information

IN THE SUPERIOR COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE SUPERIOR COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS ) ) ) ) ) ) ) ) ) ) ) ) ) FOR PUBLICATION IN THE SUPERIOR COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 1 1 1 1 1 COMMONWEALTH PORTS AUTHORITY, vs. DOUGLAS F. CUSHNIE, Plaintiff, Defendant. Civil Action No. 0-0 ORDER(s:

More information

DEVELOPMENTS IN THE EVIDENTIARY RULES APPLICABLE TO PRODUCT LIABILITY CLAIMS: OTHER SIMILAR INCIDENTS

DEVELOPMENTS IN THE EVIDENTIARY RULES APPLICABLE TO PRODUCT LIABILITY CLAIMS: OTHER SIMILAR INCIDENTS DEVELOPMENTS IN THE EVIDENTIARY RULES APPLICABLE TO PRODUCT LIABILITY CLAIMS: OTHER SIMILAR INCIDENTS By Lee Wallace The Wallace Law Firm, L.L.C. 2170 Defoor Hills Rd. Atlanta, Georgia 30318 404-814-0465

More information

PREMISES LIABILITY INSTRUCTIONS Introduction

PREMISES LIABILITY INSTRUCTIONS Introduction PREMISES LIABILITY INSTRUCTIONS Introduction Premises Liability Instructions may be used in cases involving injuries resulting from the condition of property. The primary revision to the Premises Liability

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LUZ RIVERA AND ABRIANNA RIVERA Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. RONALD MANZI Appellee No. 948 EDA 2015 Appeal from the Order

More information

HARVEY KRUSE, P.C. BAD FAITH

HARVEY KRUSE, P.C. BAD FAITH HARVEY KRUSE, P.C. BAD FAITH Prepared By: Michael F. Schmidt P25213 HARVEY KRUSE, P.C. 1050 Wilshire Drive, Suite 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 A. INTRODUCTION Subject to specific

More information

Failure To Warn Claims Against Component Parts and Bulk Materials Suppliers - How to Avoid Common Defenses

Failure To Warn Claims Against Component Parts and Bulk Materials Suppliers - How to Avoid Common Defenses Failure To Warn Claims Against Component Parts and Bulk Materials Suppliers - How to Avoid Common Defenses BY G. ANDREW ( ANDY ) ROWLETT This article was originally published in the Subrogator, a publication

More information

SUPREME COURT OF MISSOURI en banc

SUPREME COURT OF MISSOURI en banc SUPREME COURT OF MISSOURI en banc CYNTHIA DeCORMIER, ) ) Appellant, ) ) v. ) No. SC93702 ) HARLEY-DAVIDSON MOTOR ) COMPANY GROUP, INC. and ) ST. LOUIS MOTORCYCLE, INC. ) d/b/a GATEWAY HARLEY-DAVIDSON,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CHARLENE S. LAWRENCE-RYAN, * et al., * * Plaintiffs, * * v. * Civil Action No. JFM-98-900 * JOEL MARC ABRAMSON, et al., * * Defendants.

More information

STANLEY V. MCCARVER: FORMAL DOCTOR- PATIENT RELATIONSHIP NOT REQUIRED FOR NEGLIGENCE LIABILITY

STANLEY V. MCCARVER: FORMAL DOCTOR- PATIENT RELATIONSHIP NOT REQUIRED FOR NEGLIGENCE LIABILITY STANLEY V. MCCARVER: FORMAL DOCTOR- PATIENT RELATIONSHIP NOT REQUIRED FOR NEGLIGENCE LIABILITY Patrick I. Biggerstaff I. FACTS AND PROCEDURAL HISTORY Nurse Christine Stanley submitted to a tuberculosis

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HOWARD MEDICAL, INC. t/a CIVIL ACTION ADVANCE AMBULANCE SERVICE, NO. 00-5977 Plaintiff, v. TEMPLE UNIVERSITY HOSPITAL, t/a TEMPLE

More information

What amount of damages is the plaintiff entitled to recover from the defendant? 1

What amount of damages is the plaintiff entitled to recover from the defendant? 1 Page 1 of 5 745.07 NEW MOTOR VEHICLES WARRANTIES ACT ( LEMON LAW ) DAMAGES WHEN NOTE WELL: Appendices contain worksheets that the Court may want to provide to the jury, but it is not mandatory to do so.

More information

Torts Copyright July, 2006 State Bar of California

Torts Copyright July, 2006 State Bar of California Torts Copyright July, 2006 State Bar of California After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars. The Delta Gas store clerk, Clerk, was talking on the telephone,

More information

(1) It was something fairly and naturally incidental to the employer's business assigned to the employee; and

(1) It was something fairly and naturally incidental to the employer's business assigned to the employee; and Employer Liability for Employee Conduct by Lisa Mann 05-01-2000 EMPLOYER LIABILITY FOR EMPLOYEE CONDUCT: When Does An Employer Have to Pay? by Lisa Mann Modrall, Sperling, Roehl, Harris & Sisk, P.A. Employers

More information

Manufacturers Duty to Warn for Replacement Parts

Manufacturers Duty to Warn for Replacement Parts Young Lawyers The Need of a Bright-Line Rule By Eliot M. Harris Manufacturers Duty to Warn for Replacement Parts Recent decisions clearly provide that manufacturers have no general duty to warn of dangerous

More information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections on Ethical Issues In the Tripartite Relationship Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent

More information

BAD FAITH INSTRUCTIONS Introduction

BAD FAITH INSTRUCTIONS Introduction BAD FAITH INSTRUCTIONS Introduction These instructions are not materially changed from RAJI (CIVIL) 4th. The duty of good faith and fair dealing is implied in every contract. Rawlings v. Apodaca, 151 Ariz.

More information

Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico

Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico Timothy C. Holm Matthew W. Park Modrall, Sperling, Roehl, Harris & Sisk, P.A. Post Office Box 2168 Bank of America Centre

More information

carefully consider the utilization of negligence in a construction defect case, however, the contractor will likely have defenses to assert against

carefully consider the utilization of negligence in a construction defect case, however, the contractor will likely have defenses to assert against Contractor Negligence in a Florida Construction Defects Case Part I: Elements and Duty By: Christopher M. Cobb, Esquire and Austin B. Calhoun, J.D. 2013 Construction defects are a problem in Florida. In

More information

Toxic and Hazardous Substances Litigation. Louisiana Supreme Court Restricts Recovery for Asbestos Exposure Claimants

Toxic and Hazardous Substances Litigation. Louisiana Supreme Court Restricts Recovery for Asbestos Exposure Claimants April, 2003 No. 3 Toxic and Hazardous Substances Litigation In This Issue Quentin F. Urquhart, Jr. is a founding partner of Irwin Fritchie Urquhart & Moore a New Orleans, Louisiana firm that is focused

More information

STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant,

STEPHEN S. EDWARDS, individually and as Trustee of the Super Trust Fund, u/t/d June 15, 2001, Plaintiff/Appellant, NOTICE: NOT FOR PUBLICATION. UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STEPHEN

More information