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Showing posts with label negligence. Show all posts
Showing posts with label negligence. Show all posts
Thursday, October 31, 2024

Hospital's radiology contractor must answer negligence claim over patient death, per third-party doctrine

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Saint Vincent Hospital, Worcester, Mass. Terageorge~commonswiki via Wikimedia Commons CC BY-SA 4.0 A hospital's radiology contractor ma...
Thursday, September 19, 2024

Spoliation risk shows ill wisdom of state awarding contract to defendant in lawsuit over same project

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The eastbound span of the Washington Bridge remains functional. Jef Nickerson via Flickr CC BY-SA 2.0 The state of Rhode Island has found i...
Wednesday, March 27, 2024

Free torts textbook ready for academic year 2024-25

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TORTZ: A Study of American Tort Law is complete and revised for the coming academic year 2024-25. The two-volume textbook is posted for fr...
Wednesday, February 7, 2024

Criminal verdict in Mich. school shooting suggests parent vulnerability to civil negligence claims

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2018 National School Walkout Public domain via Rawpixel The criminal conviction of gun-owning parent Jennifer Crumbley yesterday in the 2021...
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Friday, January 26, 2024

Law immunizes school social worker in teen's suicide

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PickPik A public school social worker is immune from liability in the suicide of a 16-year-old boy, the Massachusetts Appeals Court ruled in...
Wednesday, January 24, 2024

TORTZ volume 2 unpacks duty, causation, damages, introduces nuisance, defamation, privacy

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Tortz volume 2 is now available for affordable purchase from Lulu.com and for free PDF download from SSRN . Tortz volume 2 follows up vol...
Thursday, October 19, 2023

'Sudden emergency' doesn't spare driver from jury trial

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Rawpixel CC0 A medical emergency did not necessarily let a driver off the hook for an injury-accident, the Massachusetts Appeals Court rule...
Monday, June 12, 2023

TORTZ volume 1 now available to print on demand

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I'm pleased to announce the publication of TORTZ: A Study of American Tort Law , volume 1 of 2. Hard copies can be printed at Lulu.com ...
Friday, September 2, 2022

Motel not liable for guest's suicide, court rules, despite family warning of risk, asking for room number

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CC0 1.0 via Wikimedia Commons The Massachusetts Appeals Court yesterday rejected Motel 6 liability for the suicide of a guest. The Septembe...
Tuesday, July 26, 2022

To channel cases into ordinary negligence or medmal, look to implications for medmal insurance, court says

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Paul Brennan via PublicDomainPictures.net A Massachusetts court sometimes might have difficulty distinguishing between claims of ordinary ne...
Sunday, July 24, 2022

N.J. limits mode-of-operation doctrine in classic slip-and-fall claim over grocery store grapes

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Open Food Facts CC BY-SA 3.0 A grocery-story-grape, slip-and-fall case in New Jersey prompted the state high court to limit the mode-of-op...
Saturday, July 23, 2022

Lengthier U.S. limitations period allows claim over accidental deaths of medical students in Nevis

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The Massachusetts three-year statute of limitations rather than a foreign one-year statute of limitations permitted wrongful death suits in ...
Friday, July 22, 2022

Court denies police immunity under state tort claims act in death of intoxicated man in protective custody

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Michael Coghlan CC BY-SA 2.0 via Wikimedia Commons In a lawsuit over the death of an intoxicated man in police protective custody, the defe...
Monday, July 18, 2022

Police negligence suit against BLM organizer goes ahead after La. Supreme Court greenlights duty

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BLM protest in Baton Rouge in 2015 (Alisdare Hickson CC BY-NC 2.0 via Flickr ) A lawsuit against Black Lives Matter organizer DeRay Mckesso...
Sunday, July 17, 2022

Chair collapse provides textbook 'res ipsa' facts

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plastic chair by Chris CC BY-NC-SA 2.0 via Flickr A textbook res ipsa loquitur case is headed back to the trial court since the Massachuset...