A Wife's Action for Loss of Consortium Due to Negligence
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Interference with Contract and Other Economic Expectancies: a Clash of Tort and Contract Doctrine Harvey S
Interference with Contract and Other Economic Expectancies: A Clash of Tort and Contract Doctrine Harvey S. Perlmant A has a contract with B. TP interferes with its performance, to A's economic detriment. A might recover from B for breach of con- tract, but prior to 1853, in most circumstances, he could not re- cover against TP. In that year, Lumley v. Gye1 established a gen- eral principle of tort liability for intentionally interfering with a contract. Since Lumley, the interference tort has been applied evenwhere the interference is directed at an unenforceable con- tract or a relationship involving only an expectancy not yet formal- ized into a contract.2 Today, courts impose liability under the ru- bric of the interference tort in a variety of contexts, but they have failed to develop common or consistent doctrines. The absence of a coherent doctrine is understandable. The idea that a person should not interfere with another's economic relationships is easier to expound in the abstract than to apply in the particular. The expectations of the parties and, therefore, the acceptability of an interference differ radically depending on the context, terms, and subject matter of the relationship-whether it t Professor, University of Virginia Law School. Several persons commented on earlier drafts, including Tyler Baker, Thomas Bergin, Edmund Kitch, Jeffrey O'Connell, George Rutherglen, Stephen Saltzburg, and participants in the University of Virginia and Univer- sity of Iowa Faculty Workshops. I am particularly indebted to Robert Scott and Charles Goetz for their assistance. Linda Williams, Virginia class of 1982, and David Rosengren, class of 1981, provided valuable research support. -
Unrealized Torts
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2002 Unrealized Torts Benjamin C. Zipursky Fordham University School of Law, [email protected] John C.P. Goldberg Harvard Law School, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Benjamin C. Zipursky and John C.P. Goldberg, Unrealized Torts, 88 Va. L. Rev. 1625 (2002) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/834 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. VIRGINIA LAW REVIEW VOLUME 88 DECEMBER2002 NUMBER 8 ARTICLES UNREALIZED TORTS John C.P. Goldberg*& Benjamin C. Zipursky** INTRODUCTION ................................................................................. 1626 I. REALIZED WRONGS .................................................................. 1636 A . Crime versus Tort ................................................................ 1636 B. Tort as Civil Recourse ......................................................... 1641 II. WHEN IS HEIGHTENED RISK A COGNIZABLE INJURY? . ..... 1650 III. RISK OF FUTURE INJURY AND THE LAW OF EMOTIONAL D ISTRESS .................................................................................... -
Loss of Consortium Damages
If you have questions or would like further information regarding Loss of Consortium, 175 W. Jackson Blvd., Chicago, IL 60604 please contact: www.querrey.com® Chuck Blackman 312-540-7682 © 2011 Querrey & Harrow, Ltd. All rights reserved. [email protected] ILLINOIS LAW MANUAL CHAPTER XIV DAMAGES C. LOSS OF CONSORTIUM In Illinois, under certain circumstances, an Reiss, 92 Ill. App. 3d 200 (1980); Medley v. injured person’s spouse is entitled to damages for Strong, 200 Ill. App. 3d 488 (1990). “loss of consortium.” I.P.I. 32.04 (2000). Loss of consortium has been defined to include the However, where two persons have a valid support, society, companionship, and sexual marriage under the laws of the state in which they relationship that a husband or wife has been are domiciled, they may still be entitled to a loss deprived of to date, and which he or she is of consortium claim. (People who are domiciled reasonably certain to be deprived of in the future, in Illinois and have crossed state lines for the due to the claimed injury to or death of a spouse. purpose of getting married may not be entitled to Schrock v. Shoemaker, 159 Ill. 2d 533 (1994); recover.) Allen v. Storer, 235 Ill. App. 3d 5 Elliott v. Willis, 92 Ill. 2d 530 (1982); Dini v. (1992). Naiditch, 20 Ill. 2d 406 (1960). The tort of loss of consortium is an action based on an injury to the In a wrongful death action, the surviving personal relationship established by the marriage spouse can recover damages for loss of contract. -
Torts--Negligence--Substantial Factor Test
Case Western Reserve Law Review Volume 15 Issue 4 Article 13 1964 Torts--Negligence--Substantial Factor Test Russell B. Mamone Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Russell B. Mamone, Torts--Negligence--Substantial Factor Test, 15 W. Rsrv. L. Rev. 807 (1964) Available at: https://scholarlycommons.law.case.edu/caselrev/vol15/iss4/13 This Recent Decisions is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 19641 Negligence - Substantial Factor Test While it is the right of the press ... to freely criticize and comment upon the official action and conduct of a public officer, false and de- famatory words ... are not privileged on the ground that they related to a matter of public interest, and were spoken or published in good faith.'7 Since Sullivan, of course, this is no longer either the majority or Ohio position. After the Sullivan case, good faith is a defense to a libel action and malice cannot be inferred from the falsity of the statement - it must be proved by the plaintiff to have actually existed in the mind of the critic at the time the statement was printed. What effect this decision will have upon the attitude of the country's newspapermen remains to be seen. Nevertheless, Sullivan should provide sufficient safeguards to enable an even wider and more open presentation of events and issues by responsible reporters and columnists. -
Wife's Action for Loss of Consortium
Cleveland State Law Review Volume 20 Issue 2 Article 10 1971 Wife's Action for Loss of Consortium Fred Weisman Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Torts Commons How does access to this work benefit ou?y Let us know! Recommended Citation Fred Weisman, Wife's Action for Loss of Consortium, 20 Clev. St. L. Rev. 315 (1971) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol20/iss2/10 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. Wife's Action for Loss of Consortium Fred Weisman* T HE RECENT OHIO SuPRFM COURT RULING in Clouston v. Remlinger Oldsmobile Cadillac Inc.' reversed a rule which had existed in Ohio for over fifty years. Ohio has now been added to the growing list of states which allow to a wife an action for damages for loss of con- sortium arising from negligent injury to her husband. Prior Rule Prior to this decision, the leading case in Ohio was Smith v. Nicholas Building Co.,2 which held that although a husband was al- lowed a cause of action for negligent injury to his wife for his loss of consortium, the wife was not entitled to recover for her loss of con- sortium arising out of injury to her husband caused by the defendant's negligence. The reason advanced by the court back in 1915 was that the husband's action for loss of consortium was accompanied by a loss of services claim, but the wife's action for loss of consortium was not accompanied by a loss of services claim. -
Of 3 NCPI—Civil 800.27 CRIMINAL CONVERSATION—STATUTE OF
Page 1 of 3 N.C.P.I.—Civil 800.27 CRIMINAL CONVERSATION—STATUTE OF LIMITATIONS. GENERAL CIVIL VOLUME REPLACEMENT JUNE 2015 ------------------------------ 800.27 CRIMINAL CONVERSATION—STATUTE OF LIMITATIONS. NOTE WELL: For actions arising from acts occurring prior to October 1, 2009, use this instruction. For actions arising from acts occurring on or after October 1, 2009, see N.C.P.I-Civil 800.27A (“Criminal Conversation – Statute of Limitations”). The (state number) issue reads: “Did the plaintiff file this action within three years of the date it became apparent or ought reasonably to have become apparent to the plaintiff that the defendant had committed criminal conversation with the plaintiff’s spouse?”1 If you have answered the (state number) issue “Yes” in favor of the plaintiff, the plaintiff's claim may nonetheless be legally barred by what is called the statute of limitations.2 The law provides that a lawsuit claiming criminal conversation must be filed within three years after the date the plaintiff discovered or ought reasonably to have discovered, whichever event first occurred, that the defendant committed criminal conversation with the plaintiff’s spouse.3 The plaintiff filed the present lawsuit on (state date of filing of criminal conversation action). On this issue, the burden of proof is on the plaintiff.4 This means that the plaintiff must prove, by the greater weight of the evidence, that the plaintiff filed this action within three years after the date it became apparent or ought reasonably to have become apparent to the plaintiff, whichever event first occurred, that the defendant had committed criminal conversation with the plaintiff’s spouse. -
Child Abuse and Neglect in North Dakota
North Dakota Law Review Volume 53 Number 2 Article 3 1976 Child Abuse and Neglect in North Dakota William N. Friedrich Jerry A. Boriskin Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Friedrich, William N. and Boriskin, Jerry A. (1976) "Child Abuse and Neglect in North Dakota," North Dakota Law Review: Vol. 53 : No. 2 , Article 3. Available at: https://commons.und.edu/ndlr/vol53/iss2/3 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. CHILD ABUSE AND NEGLECT IN NORTH DAKOTA WILLIAM N. FRIEDRICH* JERRY A. BORISKIN* I. PSYCHOLOGICAL ASPECTS OF CHILD ABUSE AND NEGLECT A. INTRODUCTION The willful abuse and neglect of children, either individually or collectively, by parents, relatives, siblings, or the policies and regu- lations of our society's institutions, are inexcusable affronts to hu- man decency. Particularly within the last decade, this brutalization of children has become the subject of considerable attention in pro- fessional literature1 and the mass media. Various synonyms for child abuse have been proposed, for exam- ple, the battered child syndrome- and suspected child abuse and ne- glect (SCAN) .3 Regardless of the name, child abuse is now a ma- jor cause of death and disability among children. According to Vin- cent 3. Fontana, chairman of New York's Mayor's Task Force on Child Abuse and Neglect, "Statistics strongly suggest that child bat- tering is probably the most common cause of death in children today, outnumbering those caused by any of the infectious diseases, leukem- ' 4 ia, and auto accidents. -
IN the SUPREME COURT of TENNESSEE at NASHVILLE May 23, 2018 Session1
06/19/2019 IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE May 23, 2018 Session1 BENJAMIN SHEA COTTEN, AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF CHRISTINA MARIE COTTEN, DECEASED, ET AL. v. JERRY SCOTT WILSON Appeal by Permission from the Court of Appeals Circuit Court for Williamson County No. 2015-194 Michael W. Binkley, Judge ___________________________________ No. M2016-02402-SC-R11-CV ___________________________________ In this wrongful death action, the plaintiff estate seeks to hold the defendant liable for negligently facilitating the decedent’s suicide. While staying alone in the defendant’s home, the adult decedent committed suicide by shooting herself with a gun that was unsecured in the defendant’s home. The decedent’s estate sued the defendant, alleging that he should have known the decedent was potentially suicidal and that he negligently facilitated the suicide by failing to secure the gun while the decedent was in his home. The trial court granted summary judgment in favor of the defendant, and the Court of Appeals reversed. We hold that the evidence is insufficient for a trier of fact to find that the decedent’s suicide was a reasonably foreseeable probability; consequently, the decedent’s suicide constitutes a superseding intervening event that breaks the chain of proximate causation. Accordingly, we reverse the Court of Appeals and affirm the trial court’s grant of summary judgment in favor of the defendant. Tenn. R. App. P. 11 Appeal by Permission; Judgment of the Court of Appeals Reversed; Judgment of the Trial Court Affirmed 1 We heard oral argument in this case at Tennessee Technological University in Cookeville, Tennessee, as part of the Tennessee American Legion Boys State S.C.A.L.E.S. -
Thou Shalt Take Thy Victim As Thou Findest Him: Religious Conviction As a Pre-Existing State Not Subject to the Avoidable Consequences Doctrine
File: 5 Loomis.doc Created on: 12/14/06 4:44 PM Last Printed: 12/23/06 1:33 PM 2007] 473 THOU SHALT TAKE THY VICTIM AS THOU FINDEST HIM: RELIGIOUS CONVICTION AS A PRE-EXISTING STATE NOT SUBJECT TO THE AVOIDABLE CONSEQUENCES DOCTRINE Anne C. Loomis* INTRODUCTION As Gwendolyn Robbins’ seventy-year old father drove along a high- way in upstate New York, his car veered off the road at sixty-five miles per hour and turned over in a culvert on nearby farmland.1 After a long day of driving from New York City to Plattsburgh and back, he fell asleep at the wheel.2 Gwendolyn was a passenger in the car, and she suffered a severely damaged left hip and an injury to her right knee.3 Gwendolyn was faced with a choice: she could accept well-recognized and established surgical procedures, which would offer her the prospect of a good recovery and near-normal life; or, she could refuse these procedures and accept the inevi- table necrotic development in the bone structure of her injured limbs, which would ultimately lead to a wheelchair-bound life.4 For Gwendolyn, there was no question which option to take: the wheelchair-bound life. Gwendolyn was a devout Jehovah’s Witness, and she refused the surgical procedures because her religion prohibited blood transfusions, which the surgeries would require.5 When a defendant injures a plaintiff, tort law normally applies the “Avoidable Consequences Doctrine,” or the duty to mitigate damages. The plaintiff is expected to take reasonable steps to minimize her anticipated losses. -
Barry V. Quality Steel Products, Inc
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** NEIL BARRY ET AL. v. QUALITY STEEL PRODUCTS, INC., ET AL. BERNARD COHADE ET AL. v. QUALITY STEEL PRODUCTS, INC., ET AL. (SC 16700) Sullivan, C. J., and Borden, Norcott, Palmer and Zarella, Js. Argued September 11, 2002Ðofficially released May 6, 2003 Joel T. Faxon and David Beekman, pro hac vice, with whom was Andrew J. -
Alienation of Affection Suits in Connecticut a Guide to Resources in the Law Library
Connecticut Judicial Branch Law Libraries Copyright © 2006-2020, Judicial Branch, State of Connecticut. All rights reserved. 2020 Edition Alienation of Affection Suits in Connecticut A Guide to Resources in the Law Library This guide is no longer being updated on a regular basis. But we make it available for the historical significance in the development of the law. Table of Contents Introduction .................................................................................................... 3 Section 1: Spousal Alienation of Affection ............................................................ 4 Table 1: Spousal Alienation of Affections in Other States ....................................... 8 Table 2: Brown v. Strum ................................................................................... 9 Section 2: Criminal Conversation ..................................................................... 11 Table 3: Criminal Conversation in Other States .................................................. 14 Section 3: Alienation of Affection of Parent or Child ............................................ 15 Table 4: Intentional Infliction of Emotional Distress ............................................ 18 Table 5: Campos v. Coleman ........................................................................... 20 Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Alienation-1 These guides are provided with the understanding that they represent -
Casenotes: Torts—Family Law—Criminal Conversation—Judicial Abrogation of the Civil Action for Adultery. Kline V. Ansell, 287 Md. 585, 414 A. 2D 929 (1980)
University of Baltimore Law Review Volume 10 Article 8 Issue 1 Fall 1980 1980 Casenotes: Torts — Family Law — Criminal Conversation — Judicial Abrogation of the Civil Action for Adultery. Kline v. Ansell, 287 Md. 585, 414 A.2d 929 (1980) Sherry Hamburg Flax University of Baltimore School of Law Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Flax, Sherry Hamburg (1980) "Casenotes: Torts — Family Law — Criminal Conversation — Judicial Abrogation of the Civil Action for Adultery. Kline v. Ansell, 287 Md. 585, 414 A.2d 929 (1980)," University of Baltimore Law Review: Vol. 10: Iss. 1, Article 8. Available at: http://scholarworks.law.ubalt.edu/ublr/vol10/iss1/8 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. TORTS - FAMILY LAW - CRIMINAL CONVERSATION - JUDICIAL ABROGATION OF THE CIVIL" ACTION FOR ADULTERY. KLINE v. ANSELL, 287 Md. 585, 414 A.2d 929 (1980) . I. INTRODUCTION In Kline v. Ansel~ 1 the Court of Appeals of Maryland abolished the common law cause of action for criminal conversation. Prior to the Kline decision, a husband was afforded a remedy against his wife's paramour for being the partner in her adulterous acts.2 The court has now reversed its position due to the anachronistic policy underlying this tort,3 its incompatibility with today's sense of per sonal and sexual freedom of women,4 and its inherent violation of Maryland's Equal Rights Amendment.