Torn Meniscus

Total Page:16

File Type:pdf, Size:1020Kb

Torn Meniscus Torn Meniscus Injury Cases Total $ Verdict Case Type Subcategory Facts Plaintiff fell in pothole in a store parking lot while $ 45,000.00 Settlement Premises Liability Fall exiting his vehicle. Plaintiff was on an elevator when it stopped and Negligent Elevator she fell to her knees, causing injury. The $ - Defense Maintenance Sudden Stop defendant in this case was Universal Studios. Intersection This case involved a DUI. The defendant did not $ - Plaintiff MVA-w/ DUI Collison deny that he was drunk . This case was tried on damages only. The plaintiff was struck by a car at an auto auction by defendant's (auction) employee. There was a post-trial remittur of $10,000 granted to reduce $ 41,570.00 Plaintiff MVA Car/Person future meds to $4500. $ - Defense Premises Liability Trip-and-Fall Plaintiff fell in a hole in defendant's parking lot. Plaintiff tripped on a sidewalk maintained by Seminole County. The defendant county Failure to Maintain inspected the area 3 years prior and found that $ - Defense Public Sidewalk Trip and Fall repairs were needed. $ 30,301.53 Plaintiff MVA Rear-End None Plaintiff tripped and fell on some stairs at a hotel. The plaintiff claimed inadequate lighting. The verdict was reduced by $5000 in collateral source $ 298,475.00 Plaintiff Premises Liability Trip-and-Fall income. Judgment reduced to $2,484.75 for CN. Plaintiff CN: Plaintiff 40%; fell into a 6" deep pothole at the defendant $ 4,141.25 Defendant 60% Premises Liability Trip-and-Fall apartment complex. CN: Plaintiff 70%; Plaintiff slipped and fell in mop water on store $ 24,000.00 Defendant 30% Premises Liability Slip-and-Fall floor. CN: Plaintiff 49%; $ 71,807.34 Defendant: 51% Premises Liability Trip-and-Fall Plaintiff tripped on rolled carpet. $ - Defense MVA Collision This case involved an uninsured motorist. Plaintiff claimed he stumbled on a protruding $ - Defense Premises Liability Trip-and-Fall piece of a lightning protection system. This case involved a rear-end accident where liability was admitted, but causation was disputed. The defendant's orthopedist said that the plaintiff did have a torn meniscus, but a meniscus could not be torn from a rear-end collision. The accident was minimal impact and $ - Defense MVA Rear-End the case was tried on damages/causation only. This case was tried on damages/causation only. The defense's orthopedist claimed degenerative changes that were mistaken for the tear and that $ 5,660.00 Plaintiff MVA Rear-End the tear was not trauma related. Judgment reduced to $703 for CN with a $10,000 collateral set-off that was applicable. Plaintiff's CN: Plaintiff 40%; Intersection orthopedist confirmed a knee injury. The $ 1,172.00 Defendant 60% MVA Collison defense's orthopedist denied a knee injury. The jury found that plaintiff's fall was not causally related to the accident as she had claimed. There was an original tear on the left knee. The $ 127,869.00 Plaintiff MVA Parking Lot defendant didn't appear at trial. UM claim. The defendant admitted liability, so the case was tried on damages only. The verdict Intersection was reduced by prior $60,000 settlements and $ 77,000.00 Plaintiff MVA Collison $5,000 collateral source income. The plaintiff's orthopedist testified that she had Intersection been left with permanent residual limitations $ 193,065.00 Plaintiff MVA Collison from her injury. $ 22,988.00 Plaintiff Premises Liability Slip-and-Fall The defendant in this case was Target. CN: Plaintiff 50%; The case involved a rear-end, multi-car accident $ 10,700.00 Defendant 50% MVA Multi-Car involving a flatbed. Plaintiff tripped over a box of merchandise at the end of an aisle in a department store. She underwent a total knee replacement due to $ - Defense Premises Liability Trip-and-Fall meniscal tear. $ 28,101.00 Plaintiff MVA Stop Sign This case was tried on damages/causation only. The defense counsel utilized the open and obvious defense. The plaintiff's doctor concluded $ - Defense Premises Liability Slip-and-Fall that he was left with minimal permanent injury. $ - Defense Premises Liability Slip-and-Fall None CN: Plaintiff 92%; $ 73,000.00 Defense 7% MVA Parking Lot None The defendant passed prior to trial of unrelated causes and case proceeded against her estate. The jury did not originally give award for pain and CN: Plaintiff 40%; suffering, but in light of them finding permanent $ 199,974.00 Defendant 60% MVA L Turn Collision injury, they were forced to, and gave $100. Plaintiff slipped on wet wooden floor. The defense claimed since restaurant was "western" themed, people could spit their peanut shells on $ - Defense Premises Liability Slip-and-Fall the floor. Plaintiff fell on cellophane wrapping in a toy store. The defense claimed employees were assigned to aisles to maintain safety, but in cross- CN: Plaintiff 25%; examination it was found that employees may $ 35,344.00 Defendant 75% Premises Liability Trip-and-Fall leave their aisles and not return for several hours. Plaintiff fell in a restaurant bathroom on water. He was originally diagnosed with a soft-tissue knee injury, but his knee locked up approximately 1 year after the accident and an ultrasound $ - Defense Premises Liability Slip-and-Fall showed possible meniscal tear. Plaintiff rented a defective bowling shoe with a flapping sole and fell. The plaintiff found that CN: Plaintiff 60%; Defective Bowling defendant breached an implied warrantee by $ 50,000.00 Defendant 40% Products Liability Shoe renting the shoe . This case was tried on damages/causation only. The case is currently on appeal. The defense claimed that the plaintiff's MRI results were $ 109,055.00 Plaintiff MVA Rear-End misinterpreted. The defendant admitted liability, but disputed $ - Defense MVA Rear-End causation. The defendant in this case was Publix. The defendant acknowledged that there was chocolate syrup on floor where the plaintiff slipped and fell, but contended that it "couldn't $ - Defense Premises Liability Slip-and-Fall have been there that long". Plaintiff slipped on "greasy" substance while walking into a bathroom. The plaintiff had photo of depicting a "cloudy" substance, but could have $ - Defense Premises Liability Slip-and-Fall been light refraction. Judgment reduced to $59,700 got CN and PIP set- off. The defendant driver passed prior to trial due to unrelated causes. The defendant's orthopedist claimed that the plaintiff's MRI results were normal and surgery was unnecessary. The CN: Plaintiff 15%; Intersection defense also argued that the plaintiff could have $ 59,700.00 Defendant 85% MVA Collison avoided the accident. Plaintiff slipped on an unknown clear substance. He underwent 3 unsuccessful arthroscopic surgeries, and a future total knee replacement was recommended. The defense claimed that there was no way on knowing if knee issues were $ - Defense Premises Liability Slip-and-Fall caused by fall. Defendant admitted liability, but maintained crash caused by sudden, unexpected loss of consciousness. The defendant had a subsequent diagnosis of epilepsy. The case was previously $ - Defense MVA Rear-End tried and resulted in a mistrial. Plaintiff was employed by an independent security agency as a security guard at a school when he slipped while walking into the guard station from muddy conditions. The plaintiff claimed the building was unsafe, built without a permit, and should have been built on a concrete foundation instead of grass. The defendant (school) claimed that the building was up to code even without a permit and that he should have $ - Defense Premises Liability Slip-and-Fall been aware of the conditions. The defendant in this case was the City of Miami Broadside Police Department. A police car sideswiped $ - Defense MVA Collision plaintiff, causing injury. Plaintiff slipped on broken bottle of Pine-Sol at $ 16,000.00 Plaintiff Premises Liability Slip-and-Fall the defendant Walmart store. Defendant failed to secure a bed liner in his pick- Negligent Truck up truck which flew out and struck plaintiff's $ 160,807.00 Plaintiff Loading Bed Liner windshield. This case was tried on liability only. The plaintiff claimed she fell on "dirty mashed potatoes". The defense stressed that there were "no $ - Defense Premises Liability Slip-and-Fall independent witnesses" to the fall. Plaintiff slipped on watermelon juice. Her osteopath claimed a 20% permanent impairment rating. The plaintiff claimed that she was unable to return to work as a painting contractor resulting in $55,000 past lost wages. The defense claimed area had been inspected minutes prior to $ - Defense Premises Liability Slip-and-Fall fall. Plaintiff tripped over parking bumper because it wasn't painted. The bumps were similar in color to asphalt. The defense claimed she should have been watching where she was going. The case in $ - Defense Premises Liability Trip-and-Fall currently on appeal. Plaintiff slipped on a stud gun left by the defendant electrical contractor at a hospital. The plaintiff claimed that he experienced a twisting of his body, but no actual fall to the floor. The defendant claimed it was not in the area for a $ - Defense Premises Liability Slip-and-Fall month prior to fall. The defendant admitted liability. The jury found $ - Defense MVA Rear-End defendant not liable for damages. Plaintiff fell from elevated dance floor approximately 3-4 ft. The defendant maintained Dangerous Dance that the plaintiff had been drinking and not $ - Defense Premises Liability Floor watching out. The edge of dance floor was open. This case was filed under Jones Act, 46 USC Section 688: dangerous slippery condition on kitchen floor causing accident; the accident caused him to leave his position on board. The defense claimed it had employees who solely inspected the floors for cleanliness, and that the departure from position not due to accident.
Recommended publications
  • The Boundaries of Vicarious Liability: an Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1987 The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Alan O. Sykes, "The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines," 101 Harvard Law Review 563 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME 101 JANUARY 1988 NUMBER 3 HARVARD LAW REVIEW1 ARTICLES THE BOUNDARIES OF VICARIOUS LIABILITY: AN ECONOMIC ANALYSIS OF THE SCOPE OF EMPLOYMENT RULE AND RELATED LEGAL DOCTRINES Alan 0. Sykes* 441TICARIOUS liability" may be defined as the imposition of lia- V bility upon one party for a wrong committed by another party.1 One of its most common forms is the imposition of liability on an employer for the wrong of an employee or agent. The imposition of vicarious liability usually depends in part upon the nature of the activity in which the wrong arises. For example, if an employee (or "servant") commits a tort within the ordinary course of business, the employer (or "master") normally incurs vicarious lia- bility under principles of respondeat superior. If the tort arises outside the "scope of employment," however, the employer does not incur liability, absent special circumstances.
    [Show full text]
  • Civil Remedies for Sexual Assault
    Civil Remedies for Sexual Assault ________________ A Report prepared for the British Columbia Law Institute by its Project Committee on Civil Remedies for Sexual Assault _______________ The members of the Project Committee are: Professor John McLaren - Chair Megan Ellis Dr. Roy O’Shaughnessy Etel Swedahl Professor Christine Boyle Arthur L. Close, Q.C. (Executive Director, BCLI) Jennifer Koshan - Reporter BCLI Report No. 14 June, 2001 British Columbia Law Institute 1822 East Mall, University of British Columbia, Vancouver, B.C., Canada V6T 1Z1 Voice: (604) 822-0142 Fax:(604) 822-0144 E-mail: [email protected] WWW: http://www.bcli.org ----------------------------------------------- The British Columbia Law Institute was created in 1997 by incorporation under the Provincial Society Act. Its mission is to: (a) promote the clarification and simplification of the law and its adaptation to modern social needs, (b) promote improvement of the administration of justice and respect for the rule of law, and (c) promote and carry out scholarly legal research. The Institute is the effective successor to the Law Reform Commission of British Columbia which ceased operations in 1997. ----------------------------------------------- The members of the Institute Board are: Thomas G. Anderson Trudi Brown, Q.C. Arthur L. Close, Q.C. (Executive Director) Prof. Keith Farquhar Sholto Hebenton, Q.C Ravi. R. Hira, Q.C. Prof. Hester Lessard Prof. James MacIntyre, Q.C.(Treasurer) Ann McLean (Vice-chair) Douglas Robinson, Q.C. Gregory Steele (Chair) Etel R. Swedahl Kim Thorau Gordon Turriff (Secretary) ----------------------------------------------- The British Columbia Law Institute gratefully acknowledges the financial support of the Law Foundation of British Columbia in carrying out its work.
    [Show full text]
  • A Revolutionary Approach to the Eggshell Plaintiff Rule Steve Calandrillo University of Washington School of Law
    CORE Metadata, citation and similar papers at core.ac.uk Provided by UW Law Digital Commons (University of Washington) University of Washington School of Law UW Law Digital Commons Articles Faculty Publications 2013 Eggshell Economics: A Revolutionary Approach to the Eggshell Plaintiff Rule Steve Calandrillo University of Washington School of Law Dustin E. Buehler Follow this and additional works at: https://digitalcommons.law.uw.edu/faculty-articles Part of the Torts Commons Recommended Citation Steve Calandrillo and Dustin E. Buehler, Eggshell Economics: A Revolutionary Approach to the Eggshell Plaintiff Rule, 74 Ohio St. L.J. 375 (2013), https://digitalcommons.law.uw.edu/faculty-articles/130 This Article is brought to you for free and open access by the Faculty Publications at UW Law Digital Commons. It has been accepted for inclusion in Articles by an authorized administrator of UW Law Digital Commons. For more information, please contact [email protected]. Eggshell Economics: A Revolutionary Approach to the Eggshell Plaintiff Rule STEVE P. CALANDRILLO* & DUSTIN E. BUEHLER† For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and the scope of her injuries were completely unforeseeable ex ante. This Article explores the implications of this rule by providing a pioneering economic analysis of eggshell liability. It argues that the eggshell plaintiff rule misaligns parties’ incentives in a socially undesirable way. The rule subjects injurers to unfair surprise, fails to incentivize socially optimal behavior when injurers have imperfect information about expected accident losses, and fails to account for risk aversion, moral hazard, and judgment-proof problems.
    [Show full text]
  • I. A. Intellectual Approaches to Tort Law 1. Corrective Justice 2. Economic Approach/Deterrence Approach 3. Compensation Approac
    Torts, Sharkey Fall 2006, Dave Fillingame I. INTRODUCTION A. Intellectual Approaches to Tort Law 1. Corrective Justice 2. Economic Approach/Deterrence Approach 3. Compensation Approach B. Holmes: Two theories of common-law liability: 1. Criminalist (Negligence) 2. “A man acts at his own peril” (strict liability) 3. Judge People by an Objective not a Subjective Standard of Care C. Judge v. Jury in Torts II. INTENTIONAL TORTS A. Elements B. Physical Harms 1. Battery a. Eggshell Skull Rule (Vosburg v. Putney) b. Intent to Act v. Intent to Harm c. “Substantial Certainty” Test (Garratt v. Dailey) d. “Playing Piano” (White v. University of Idaho) e. “Transferred” Intent 2. Defenses to Battery: Consent a. Consent b. Consent: Implied License c. Consent to Illegal Acts 3. Defenses to Battery: Insanity 4. Defenses to Battery: Self-Defense and Defense of Others a. Can be used as a defense when innocent bystanders harmed b. Can be used in defense of third-parties c. Must be proportional force 5. Defenses to Battery: Necessity C. Trespass to Land 1. No Damage is Required, Unauthorized Entry on Land is Enough a. An unfounded claim of right does not make a willful entry innocent. b. Quarum Clausum Fregit 2. Use of Deadly Force in Protection of Property a. Posner: We Must Create Incentives to Protect Tulips and Peacocks. b. Use Reasonable Force: Katko v. Briney (Iowa 1971) 3. Defense of Privilege a. Privilege of Necessity b. “General Average Contribution” c. Conditional (Incomplete) Privilege Vincent v. Lake Erie (Minn. 1910) d. The privilege exists only so long as the necessity does.
    [Show full text]
  • Sexual Assault Awareness & Consent Education As Tools for Campus
    Sexual Assault Awareness & Consent Education as Tools for Campus Culture Change Introductions What Does Sexual Assault Awareness Mean? It’s On Us Definitions National Policies and Protections for Survivors of Sex Crimes Contents Title IX, Clery, VAWA Sexual Assault as a Public Health Issue Available Programs on Sexual Assault Awareness Getting the Word Out! INTRODUCTIONS WHAT IS SEXUAL ASSAULT AWARENESS? Sexual Assault Awareness Is... Programs, trainings, or events that provide awareness on the meaning of consent, the prevalence of, and policies related to campus sexual assault. Components: ● Programs: ○ What are your rights? ○ How is your school providing this information? ○ How often do you receive this information? ● Events: ○ How do you make people aware of this issue? ● Trainings: ○ Who is at the table to provide the information you do have to the rest of your campus community? NATIONAL POLICIES & PROTECTIONS FOR SURVIVORS Definitions Sexual Assault ● Sexual contact or behavior that occurs without explicit consent of the victim ● Includes rape and unwanted sexual touching, among others Sexual Harassment ● Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment ● Does not have to be of a sexual nature; can include offensive remarks about a person’s sex in general Dating Violence ● Physical, sexual, emotional, or verbal abuse from a romantic or sexual partner ● Includes emotional/verbal abuse, sexual assault/rape, and physical abuse Definitions
    [Show full text]
  • Criminal Negligence) Penal Law § 120.00(3) (Committed on Or After Nov
    ASSAULT IN THE THIRD DEGREE (Criminal Negligence) Penal Law § 120.00(3) (Committed on or after Nov. 1, 1986) 1 Revised April, 2018 1 The (specify) count is Assault in the Third Degree. Under our law, a person is guilty of Assault in the Third Degree when, with criminal negligence, that person causes physical injury to another person by means of a of a deadly weapon [or dangerous instrument]. The following terms used in that definition have a special meaning: PHYSICAL INJURY means impairment of physical condition or substantial pain.2 A person acts with CRIMINAL NEGLIGENCE with respect to physical injury by means of a deadly weapon [or dangerous instrument] when that person engages in conduct which creates or contributes to a substantial and unjustifiable risk that physical injury to another person by means of a deadly weapon [or dangerous instrument] 1 This charge applies when the crime was committed on or after November 1, 1986, except as to the following weapons which were added to the definition of "deadly weapon" [Penal Law § 10.00(12)] after that date: November 1, 1995, was the effective date of an amendment to the definition of "deadly weapon" to add a "metal knuckle knife." L. 1995, ch. 219. November 1, 2008, was the effective date of an amendment to that definition to add "plastic knuckles." L. 2008, ch. 257. The 2018 revision was (1) to move the opening paragraph of the definition of “criminal negligence” to the end of the definition and otherwise conform it to the paragraph at the end of the definition of “criminal negligence” in the charge for criminally neglient homicide (Penal Law § 125.10, and (2) to include in the definition of "deadly weapon" both statutory additions and decisional law definitions of weapons as set forth in footnote 5.
    [Show full text]
  • Eggshell" Victims, Private Precautions, and the Societal Benefits of Shifting Crime
    Michigan Law Review Volume 105 Issue 2 2006 "Eggshell" Victims, Private Precautions, and the Societal Benefits of Shifting Crime Robert A. Mikos University of California, Davis, School of Law Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Criminal Law Commons, Law and Economics Commons, and the Law and Society Commons Recommended Citation Robert A. Mikos, "Eggshell" Victims, Private Precautions, and the Societal Benefits of Shifting Crime, 105 MICH. L. REV. 307 (2006). Available at: https://repository.law.umich.edu/mlr/vol105/iss2/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. "EGGSHELL" VICTIMS, PRIVATE PRECAUTIONS, AND THE SOCIETAL BENEFITS OF SHIFTING CRIME Robert A. Mikos* Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded citi- zens, rather than reduce crime. The conventional wisdom likens such precaution-taking to rent-seeking: citizens spend resources to shift crime losses onto other victims, without reducing the size of those losses to soci- ety. The result is an unambiguous reduction in social welfare. This Article argues that the conventional wisdom is flawed because it overlooks how the law systematically understates the harms suffered by some victims of crime,first, by ignoring some types of harm altogetherin grading and sen- tencing decisions, and second, by ignoring wide disparities in the amount of harm caused in individual cases.
    [Show full text]
  • Statute of Limitation in Federal Criminal Cases: an Overview
    Statute of Limitation in Federal Criminal Cases: An Overview Charles Doyle Senior Specialist in American Public Law November 14, 2017 Congressional Research Service 7-5700 www.crs.gov RL31253 Statute of Limitation in Federal Criminal Cases: An Overview Summary A statute of limitations dictates the time period within which a legal proceeding must begin. The purpose of a statute of limitations in a criminal case is to ensure the prompt prosecution of criminal charges and thereby spare the accused of the burden of having to defend against stale charges after memories may have faded or evidence is lost. There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of the offense. There are exceptions. Some types of crimes are subject to a longer period of limitation; some circumstances suspend or extend the otherwise applicable period of limitation. Arson, art theft, certain crimes against financial institutions, and various immigration offenses all carry statutes of limitation longer than the five-year standard. Regardless of the applicable statute of limitations, the period may be extended or the running of the period suspended or tolled under a number of circumstances, such as when the accused is a fugitive or when the case involves charges of child abuse, bankruptcy, wartime fraud against the government, or DNA evidence. Ordinarily, the statute of limitations begins to run as soon as the crime has been completed. Although the federal crime of conspiracy is complete when one of the plotters commits an affirmative act in its name, the period for conspiracies begins with the last affirmative act committed in furtherance of the scheme.
    [Show full text]
  • UNITED STATES DISTRICT COURT DISTRICT of MASSACHUSETTS GEORGE LABADIE and SUSAN CARCIERI
    Case 4:05-cv-40148-FDS Document 132 Filed 01/09/15 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _______________________________________ ) GEORGE LABADIE and SUSAN ) CARCIERI, ) ) Plaintiffs, ) ) v. ) Civil Action No. ) 05-40148-FDS DANIEL ROSARIO, STANLEY ) CARPENTER, BRIAN HACKETT, W-G ) FEDERAL CREDIT UNION, JOHN DOE 1, ) JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, ) JOHN DOE 5, and THE CITY OF ) WORCESTER, ) ) Defendants. ) _______________________________________) MEMORANDUM AND ORDER ON MOTION FOR SUMMARY JUDGMENT SAYLOR, J. This is a civil rights action arising out of the investigation, questioning, and detention of plaintiffs George Labadie and Susan Carcieri by City of Worcester police officers. The events in question occurred after an alleged robbery at the credit union at which Carcieri worked. Labadie and Carcieri were suspected of having committed the crime themselves, and were eventually convicted of various criminal charges. Plaintiffs have sued the City of Worcester and eight of its police officers, including five “John Doe” defendants, for various alleged violations of their civil rights. Defendants have moved for summary judgment. For the following reasons, the motion will be granted. Case 4:05-cv-40148-FDS Document 132 Filed 01/09/15 Page 2 of 14 I. Background The facts are presented in the light most favorable to the plaintiff. A. Plaintiffs’ Allegations and Complaint On August 27, 2002, the W-G Federal Credit Union in Worcester was robbed. Susan Carcieri was an employee of the credit union. George Labadie was her husband. The complaint alleges that while Carcieri was opening the credit union for business in the morning, she was grabbed from behind by an unknown assailant who then tied her up, robbed the safe, and fled with the money.
    [Show full text]
  • Torts: Assault, Battery W
    Notre Dame Law Review Volume 17 | Issue 1 Article 1 11-1-1941 Torts: Assault, Battery W. D. Rollison Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation W. D. Rollison, Torts: Assault, Battery, 17 Notre Dame L. Rev. 1 (1941). Available at: http://scholarship.law.nd.edu/ndlr/vol17/iss1/1 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NOTRE DAME LAWYER A Quarterly Law Review VOL. XVII NOVEMBER, 1941 NO. 1 TORTS: ASSAULT; BATTERY BATTERY Definition. A harmful, or an offensive, touching of the plaintiff's person, caused directly or indirectly by a volun- tary act .of the defendant with an intention to inflict a harm- ful or an offensive touching, is a battery. Offensive Touching. A touching of another's person may be both offensive and harmful, or it may be merely offensive and not inflict substantial harm. A touching which is not harmful but which is offensive to a normal or reasonable person is a battery, and it subjects the actor to liability if the touching is not consented to or privileged. In this type of battery, it is the insult or offensiveness of the touching that is important and not damage in fact. A certain amount of contact with one's person must be tolerated in decent society. Thus, "if two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently, it will be no battery."1 But "if any of them 1 Per Holt, C.
    [Show full text]
  • In the Supreme Court of Iowa
    IN THE SUPREME COURT OF IOWA No. 19–0712 Filed September 6, 2019 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. JOHNATHAN LEE SEARS, Respondent. On review of the report of the Iowa Supreme Court Grievance Commission. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint alleging the attorney violated the rule of professional conduct regarding commission of a criminal act. LICENSE SUSPENDED. Tara van Brederode and Crystal W. Rink, Des Moines, for complainant. Johnathan Lee Sears, Ankeny, pro se. 2 CHRISTENSEN, Justice. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney with violations of Iowa Rule of Professional Conduct 32:8.4(b) (commission of a criminal act) in connection with convictions for operating while intoxicated (OWI), domestic abuse assault causing bodily injury, and several instances of violating a no-contact order. After a hearing, the Iowa Supreme Court Grievance Commission found the alleged violations had occurred and recommended the attorney be suspended for one year without the possibility of early reinstatement. Upon our de novo review, we conclude the attorney violated rule 32:8.4(b) as alleged in counts I, II, and III. We order that his license be suspended indefinitely with no possibility of reinstatement for two years. I. Background Facts and Proceedings. Johnathan Sears is an attorney admitted to the Iowa bar in September of 2017. He is a partner at the Des Moines law firm of Clark & Sears Law. Five months after his admittance, on February 6, 2018, law enforcement located Sears on a highway in Polk County pushing a heavily damaged, disabled vehicle.
    [Show full text]
  • Forcible Trespass to Personal Property David J
    NORTH CAROLINA LAW REVIEW Volume 40 | Number 2 Article 3 2-1-1962 Forcible Trespass to Personal Property David J. Sharpe Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation David J. Sharpe, Forcible Trespass to Personal Property, 40 N.C. L. Rev. 252 (1962). Available at: http://scholarship.law.unc.edu/nclr/vol40/iss2/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. FORCIBLE TRESPASS TO PERSONAL PROPERTY DAVID J. SHARPE* In contrast to forcible trespass to real property, there is no case authority for the existence of forcible trespass to personal property in England,' and Chief Justice Ruffin said in 1837 that he found no authority in any textbook for it.' But this is not to suggest that forcible trespass to personal property was made up one day by the North Carolina Supreme Court out of whole cloth. The principle of an indictable trespass, a trespass with a strong hand against a person presently in possession of property, was firmly established in the English real property cases. And given the principle, there was no reason to confine its operation to real property. Forcible trespass to personal property was in use in North Carolina as early as 1792 ;3 and the North Carolina court, while regarding forcible trespass to personal property as confined to this state,4 has never shown concern whether the crime existed, or if so, upon what authority; rather, the court has toiled in its opinions to articulate the elements of the crime and the proper scope of its operation.
    [Show full text]