STATE OF DELAWARE TRANSPORTATION COMPENDIUM OF LAW
|
|
- Vernon Hardy
- 5 years ago
- Views:
Transcription
1 STATE OF DELAWARE TRANSPORTATION COMPENDIUM OF LAW Prepared by James W. Semple Cooch and Taylor The Brandywine Building 1000 West Street, Tenth Floor Wilmington DE, Tel: (302)
2 A. RECOVERY FOR RESPONDEAT SUPERIOR, NEGLIGENT ENTRUSTMENT, AND NEGLIGENT RETENTION, HIRING AND SUPERVISION 1. RESPONDEAT SUPERIOR Generally, a viable cause of action against the employee for negligence is a condition precedent to imputing vicarious liability for such negligence to the employer pursuant to the theory of respondeat superior. Greco v. University of Delaware, 619 A.2d 900, Del. Supr., (1993), citing 2 Mechem on Agency 2012, pp (1914). See RESTATEMENT (SECOND) AGENCY 217B(2) (1958) and its comments. Therefore, where the alleged basis for the liability of an employer is the negligence of an employee, the employer cannot be held liable unless the employee is shown to be liable. Clark v. Brooks, Del.Super., 377 A.2d 365, 371 (1977). 2 Mechem on Agency Hence, generally, if absence of culpability on the part of the employee to the injured person has been established by litigation, the employer cannot be held liable to the injured person. Clark v. Brooks, 377 A.2d at 371. But see inter-spousal immunity exception in Fields v. Synthetic Ropes, Inc., Del. Supr., 215 A.2d 427 (1967). Delaware has not imposed liability on a trucking carrier regardless of whether a negligent act was caused by the carrier s actual employee. Hall v Steger, Del. Super., 211 A.2d 628 (1956) involved an action for injuries sustained in a collision of an automobile in which plaintiffs were riding with a truck driven by one of defendants on return trip after delivering a load of steel, hauled by him for another defendant under a one-way lease of truck to such defendant. The Superior Court, granted defendantlessee's motion for summary judgment, held that such a lease was not a subterfuge or sham, violated no regulation of Interstate Commerce Commission, and showed on its face that defendant driver was not lessee's agent at time of accident. No Delaware court has yet considered whether the FMCSA regulations intended to have sweeping effects on the obligations of motor carriers-lessees, and impose liability without regard to negligence by the driver. 2. NEGLIGENT ENTRUSTMENT To make a prima facie case of negligent entrustment, a plaintiff must show all of the following: (1) entrustment of the automobile; (2) to a reckless or incompetent driver whom (3) the entrustor has reason to know is reckless or incompetent; and (4) resulting damages. Leary v Eschelweck, Del. Super., 2012 WL (2012), citing Perez Melchor v. Balakhani, Del. Super., 005 WL , at *1 (2005). 2
3 3. NEGLIGENT HIRING, RETENTION, AND SUPERVISION In Smith v Williams, Del. Super., 2007 WL (2007), the Superior Court held that, unlike vicarious liability under the theory of respondeat superior, an employer can be held independently liable under the theories of negligent hiring and supervision. In order to prevail on such a claim, the plaintiff must prove the basic elements of negligence against the employer, i.e. duty, breach, proximate cause, and damages. In general, an employer has a duty to prevent foreseeable injury to others by exercising reasonable care to avoid employing an incompetent employee. Id. An act is considered foreseeable if the employer knew or should have known of the employee's propensity to engage in similar criminal, tortious, or dangerous conduct. Id. This is a difficult burden to prove in most instances and the failure to provide strong evidence in support will likely lead to the dismissal of such claims. B. PUNITIVE DAMAGES Punitive damages are imposed in situations where the defendant's conduct, although unintentional, has been particularly reprehensible, i.e., reckless, willful or wanton, consciously indifferent or motivated by malice or fraud. Estate of Rae v. Murphy, 956 A.2d 1266, 1270 (Del. 2008); Jardel Co., Inc. v. Hughes, 523 A.2d 518, (Del. 1987); Howell v. Kusters, 2010 WL , at *2 (Del. Super. Ct. Mar. 5, 2010). In addition, mere negligence itself is not a basis for awarding punitive damages. Premcor Ref. Grp., Inc. v. Matrix Serv. Indus. Contractors, Inc., 2008 WL , at *9 (Del. Super. Ct. May 7, 2008) (citing Rhinehardt v. Bright, 2006 WL , at *5 (Del. Super. Ct. July 20, 2006)). Inadvertence, mistake, or errors of judgment are considered acts of mere negligence and do not rise to the level required for claims of punitive damages. Howell, 2010 WL , at *2. Punitive damages are permitted when the defendant s conduct is reprehensible, even though it may be unintentional. For example, in products liability cases the imposition of punitive damage claims [is] limited to the persistent distribution of an inherently dangerous product with knowledge of its injury causing effect among the consuming public. See White v. APP Pharms., LLC, 2011 WL , at *3 (Del. Super. Ct. Apr. 7, 2011) (denying a motion to dismiss punitive damages where plaintiff alleged the defendant pharmaceutical company distributed an inherently dangerous drug with a known dangerous side effect). Where the evidence supports a reasonable inference that a defendant's conduct meets the standard for recovering punitive damages, the question of punitive damages is typically for the trier of fact. Howell, 2010 WL , at *2. Delaware courts have established that the factual predicate for punitive damages must be attributable to the conduct of the charged party, not to a joint tortfeasor. Premcor Ref. Grp., 2008 WL , at *9 (quoting Empire Fin. Servs., Inc. v. Bank of New York, 2007 WL , at *6 (Del. Super. Ct. June 19, 2007)). This is true regardless of whether or not the joint tortfeasor's negligence is found to be a contributing factor in the underlying action. Id. 3
4 In actions arising in contract, punitive damages may be assessed only if the breach of contract is characterized by willfulness or malice. Tackett v. State Farm Fire & Cas. Ins. Co., 653 A.2d 254, (Del. 1995); Segovia v. Equities First Holdings, LLC, 2008 WL , at *24 (Del. Super. Ct. May 30, 2008) (holding that in a breach of contract claim, the law is settled that [p]unitive damages are only awarded in situations of willful and outrageous' conduct that flows from evil motive or reckless indifference to the rights of others ; Casson v. Nationwide Ins. Co., 455 A.2d 361 (Del. Super. Ct. 1982). Accordingly, punitive damages are rarely awarded in breach of contract actions, even where the defendant intentionally breached the contract. See E.I. DuPont de Nemours & Co. v. Pressman, 679 A.2d 436, 445 (Del. 1996) ( [N]o matter how reprehensible the breach, damages that are punitive... are not ordinarily awarded for breach of contract. ). In general, a plaintiff cannot recover punitive damages for breach of contract unless the conduct also independently amounts to a tort. Landry v. Mabey Bridge & Shore, Inc., 2011 WL , at *3 (Del. Super. Ct. Nov. 7, 2011). Punitive damages may be recovered against the estate of a deceased tortfeasor. Estate of Farrell ex rel. Bennett v. Gordon, 770 A.2d 517 (Del. 2001) (adopting this minority rule as the better approach because, absent a specific statutory restriction, the deterrence effect of the award is unaltered, and perhaps even enhanced, by the assessment of punitive damages against the estate of the tortfeasor ) (internal citation omitted). There is no statutory cap on punitive damages. However, Delaware case law imposes a limitation of reasonable relation between the amount of punitive damages awarded and the amount of compensatory damages. Cloroben Chem. Corp. v. Comegys, 464 A.2d 887, 892 (Del. 1983) ( [A]n award of punitive damages may not be disproportionate in amount to the award for compensatory damages.... (citing Reynolds v. Willis, 209 A.2d 760 (Del. 1965))); see also Presley v. Silberberg, 1988 WL 90545, at *2 (Del. Super. Ct. Aug. 11, 1988) (applying reasonable relation test and reducing punitive damages); but see Cloroben Chem., 464 A.2d at 892 (reiterating that a verdict should not be set aside unless it shock[s] the Court s conscience and sense of justice ). Bifurcation is available under Superior Court Rule 42 and, in federal courts, Federal Rule of Civil Procedure 42. At least one Delaware court has explicitly refused to require a plaintiff to prove punitive damages by clear and convincing evidence. Simon v. Beebe Med. Ctr., Inc., 2004 WL , at *1 (Del. Super. Ct. Mar. 15, 2004). The court found the appropriate standard was the more moderate preponderance of the evidence. Id. This Compendium outline contains a brief overview of certain laws concerning various litigation and legal topics. The compendium provides a simple synopsis of current law and is not intended to explore lengthy analysis of legal issues. This compendium is provided for general information and educational purposes only. It does not solicit, establish, or continue an attorney-client relationship with any attorney or law firm identified as an author, editor or contributor. The contents should not be construed as legal advice or opinion. While every effort has been made to be accurate, the contents should not be relied upon in any specific factual situation. These materials are not intended to provide legal advice or to cover all laws 4
5 or regulations that may be applicable to a specific factual situation. If you have matters or questions to be resolved for which legal advice may be indicated, you are encouraged to contact a lawyer authorized to practice law in the state for which you are investigating and/or seeking legal advice. 5
STATE OF INDIANA TRANSPORTATION COMPENDIUM OF LAW
STATE OF INDIANA TRANSPORTATION COMPENDIUM OF LAW Phil L. Isenbarger Bingham McHale, LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 Tel: (317) 968 5389 E mail: pisenbarger@binghammchale.com
More informationSTATE OF MISSISSIPPI TRANSPORTATION COMPENDIUM OF LAW
STATE OF MISSISSIPPI TRANSPORTATION COMPENDIUM OF LAW Douglas Bagwell Robert Briggs Carr Allison 14231 Seaway Road Building 2000, Suite 2001 Gulfport, MS 39503 Tel: (228) 864 1060 Email: dbagwell@carrallison.com
More informationSTATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW
STATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW Randall R. Adams Kevin M. Ceglowski Poyner Spruill LLP 130 S. Franklin St. Rocky Mount, NC 27804 Tel: (252) 972 7094 Email: rradams@poynerspruill.com
More informationSTATE OF KANSAS TRANSPORTATION COMPENDIUM OF LAW
STATE OF KANSAS TRANSPORTATION COMPENDIUM OF LAW Prepared by Patrick K. McMonigle John F. Wilcox, Jr. Dysart Taylor Cotter McMonigle & Montemore, P.C. 4420 Madison Avenue Kansas City, MO 64111 Tel: (816)
More informationSTATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW
STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW Nicholas C. Grant Ebeltoft. Sickler. Kolling. Grosz. Bouray. PLLC PO Box 1598 Dickinson, ND 58602 Tel: (701) 225-5297 Email: ngrant@eskgb.com www.eskgb.com
More informationDISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW
DISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW Tamara B. Goorevitz Franklin & Prokopik, P.C. 2 North Charles Street Suite 600 Baltimore, MD 21201 Tel: (410) 230 3625 Email: tgoorevitz@fandpnet.com
More informationSTATE OF MICHIGAN TRANSPORTATION COMPENDIUM OF LAW
STATE OF MICHIGAN TRANSPORTATION COMPENDIUM OF LAW Paul E. Scheidemantel Eric Shih Clark Hill PLC 500 Woodward Avenue Suite 3500 Detroit, MI 48226-3435 Phone: (313) 965-8310 Email: pscheidemantel@clarkhill.com
More informationCOMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW
COMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW Prepared by John T. Pion Timothy Smith Lauren M. Despot Pion, Nerone, Girman, Winslow & Smith, P.C. 420 Fort Duquesne Boulevard 1500 One Gateway
More informationSTATE OF FLORIDA TRANSPORTATION COMPENDIUM OF LAW
STATE OF FLORIDA TRANSPORTATION COMPENDIUM OF LAW Prepared by Kurt M. Spengler, Esquire Wicker Smith O Hara McCoy & Ford P.A. 390 N. Orange Ave., Suite 1000 Orlando, FL 32802 Tel: (407) 843-3939 Email:
More informationSTATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW
STATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW Greg C. Wilkins Christopher A. McKinney Orgain Bell & Tucker, LLP 470 Orleans Street P.O. Box 1751 Beaumont, TX 77704 Tel: (409) 838 6412 Email: gcw@obt.com
More information2013 COMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW
2013 COMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW Patrick J. Sweeney Sweeney & Sheehan, P.C. 1515 Market Street Suite 1900 Philadelphia, PA 19102 Tel: (215) 563-9811 Email: patrick.sweeney@sweeneyfirm.com
More informationSTATE OF ALABAMA TRANSPORTATION COMPENDIUM OF LAW
STATE OF ALABAMA TRANSPORTATION COMPENDIUM OF LAW Thomas L. Oliver Carr Allison 100 Vestavia Parkway Birmingham, AL 35216 Tel: (205) 822 2006 Email: toliver@carrallison.com www.carrallison.com A. Elements
More informationSTATE OF GEORGIA TRANSPORTATION COMPENDIUM OF LAW
STATE OF GEORGIA TRANSPORTATION COMPENDIUM OF LAW Mark A. Barber Hall Booth Smith & Slover, P.C. 1180 West Peachtree Street, Suite 900 Atlanta, GA 30319 Tel: (404) 954 5000 Email: mbarber@hbss.net www.hbss.net
More informationSTATE OF IDAHO TRANSPORTATION COMPENDIUM OF LAW
STATE OF IDAHO TRANSPORTATION COMPENDIUM OF LAW Keely E. Duke Kevin J. Scanlan Kevin A. Griffiths Duke Scanlan & Hall, PLLC 1087 W. River St., Ste. 300 Boise, ID 83702 Tel: (208) 342-3310 Email: ked@dukescanlan.com
More informationSTATE OF WYOMING TRANSPORTATION COMPENDIUM OF LAW
STATE OF WYOMING TRANSPORTATION COMPENDIUM OF LAW Prepared by Scott Ortiz Ryan Schwartz Williams, Porter, Day & Neville, P.C. P.O. Box 10700 159 No. Wolcott, Suite 400 Casper, WY 82602 Tel: (307) 265-0700
More informationSTATE OF MINNESOTA TRANSPORTATION COMPENDIUM OF LAW
STATE OF MINNESOTA TRANSPORTATION COMPENDIUM OF LAW Mark A. Solheim Larson King, LLP 2800 Wells Fargo Place 30 East Seventh Street St. Paul, MN 55101 Tel: (651) 312 6500 Email: msolheim@larsonking.com
More informationSTATE OF MISSOURI TRANSPORTATION COMPENDIUM OF LAW
STATE OF MISSOURI TRANSPORTATION COMPENDIUM OF LAW Kevin L. Fritz Patrick E. Foppe Lashly & Baer, P.C. 714 Locust Street St. Louis, MO 63101 Tel: (314) 436-8309 Email: klfritz@lashlybaer.com pfoppe@lashlybaer.com
More informationSTATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW
STATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW Michael P. Sharp Fee, Smith, Sharp & Vitullo LLP 13155 Noel Road Suite 1000 Dallas, TX 75240 Tel: (972) 980-3255 Email: msharp@feesmith.com www.feesmith.com
More informationKyles v. Celadon Trucking Servs.
Kyles v. Celadon Trucking Servs. United States District Court for the Western District of Missouri, Southern Division October 19, 2015, Decided; October 19, 2015, Filed Case No. 6:15-cv-03193-MDH Reporter
More informationSTATE OF GEORGIA TRANSPORTATION COMPENDIUM OF LAW
STATE OF GEORGIA TRANSPORTATION COMPENDIUM OF LAW Prepared by Scott H. Moulton Hall Booth Smith, P.C. 191 Peachtree Street NE, Suite 2900 Atlanta, GA 30303 Tel: (404) 954-5000 Email: smoulton@hallboothsmith.com
More information2013 STATE OF NEW YORK TRANSPORTATION COMPENDIUM OF LAW
2013 STATE OF NEW YORK TRANSPORTATION COMPENDIUM OF LAW Jennifer A. Casey Brendan T. Fitzpatrick Ahmuty, Demers & McManus 200 I.U. Willets Road Albertson, NY 11507 Tel: (516) 294-5433 Email: Jennifer.Casey@admlaw.com
More informationSTATE OF NEW MEXICO TRANSPORTATION COMPENDIUM OF LAW
STATE OF NEW MEXICO TRANSPORTATION COMPENDIUM OF LAW Timothy C. Holm Barry J. Berenberg Modrall, Sperling, Roehl, Harris & Sisk, P.A. Post Office Box 2168 Bank of America Centre 500 Fourth Street NW, Suite
More informationIndiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted
www.pavlacklawfirm.com September 30 2016 by: Colin E. Flora Associate Civil Litigation Attorney Indiana Rejoins Minority Permitting Negligent Hiring Claims Even Where Respondeat Superior is Admitted This
More information2013 STATE OF SOUTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW
2013 STATE OF SOUTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW Mark S. Barrow, Esq. P. Jason Reynolds, Esq. Sweeny, Wingate and Barrow, P.A. 1515 Lady Street Columbia, SC 29211 Tel: (803) 256-2233 Email:
More informationCOMMONWEALTH OF VIRGINIA TRANSPORTATION COMPENDIUM OF LAW
COMMONWEALTH OF VIRGINIA TRANSPORTATION COMPENDIUM OF LAW Prepared by H. Robert Yates, III Charles G. Meyer, III LeClairRyan 123 E. Main Street, 8 th Floor Charlottesville, VA 22902 Tel: (434) 245-3425
More informationVicarious Liability Of A Corporate Employer For Punitive Damages
Rumberger, Kirk & Caldwell, P.A. (United States) Vicarious Liability Of A Corporate Employer For Punitive Damages 16 February 2012 By Mr Jeffrey Lam All too often, a corporate employer is sued for negligence
More informationTHE STATE OF NEW HAMPSHIRE. Lincoln & Carol Hanscom. Linda O Connell. No. 03-C-338 ORDER
THE STATE OF NEW HAMPSHIRE MERRIMACK, SS. SUPERIOR COURT Lincoln & Carol Hanscom v. Linda O Connell No. 03-C-338 ORDER Lincoln & Carol Hanscom ( Plaintiffs ) have sued Linda O Connell ( Defendant ) for
More informationSun Tzu, The Art of War
Know Thine Enemy: What is the plaintiff lawyer who is suing you thinking? Sun Tzu, The Art of War So it is said that if you know your enemies and know yourself, you will not be put at risk even in a hundred
More informationTruck Accident Litigation in the SML Footprint:
Truck Accident Litigation in the SML Footprint: What You Need to Know if Your Trucks Are Operating in the Southeast Presented by Bennett Crites, Shawn Kalfus, Marc Tucker Moderated by Matt Stone Atlanta
More informationIN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION
Case 4:16-cv-00272-HLM Document 1 Filed 09/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION BOBBY JORDAN and SHERRI BELL, INDIVIDUALLY and AS CO- ADMINISTRATORS
More informationIN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA
IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA WILLIAM RALPH MURPHY, * CODY MURPHY, and CORY JARVIS, * * Plaintiffs, * * CIVIL ACTION NO.: v. * * PROGRESSIVE HAWAII INSURANCE * CORP, GARY EMERY,
More informationEMPLOYMENT RELATIONSHIP LIABILITY OF EMPLOYER FOR NEGLIGENCE IN HIRING, SUPERVISION OR RETENTION 1 OF AN EMPLOYEE.
Page 1 of 7 SUPERVISION OR RETENTION 1 OF AN EMPLOYEE. The (state issue number) reads: Was the plaintiff [injured] [damaged] by the negligence 2 of the defendant in [hiring] [supervising] [retaining] (state
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE : : : : : : : : : MEMORANDUM OPINION
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IRENE DICKERSON v. Plaintiff, JULIANNE E. MURRAY, ESQUIRE & MURRAY LAW LLC, Defendants. C.A. No. S14C-07-026 RFS MEMORANDUM OPINION Upon Defendants Motion
More informationCase 3:10-cv MLC -DEA Document 10 Filed 06/24/10 Page 1 of 8 PageID: 112
Case 310-cv-00494-MLC -DEA Document 10 Filed 06/24/10 Page 1 of 8 PageID 112 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ROBERT JOHNSON, et al., CIVIL ACTION NO. 10-494 (MLC)
More informationIN 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 RAYMOND RINGGOLD, JR., ) ) Plaintiff, ) C.A. No. 05C-04-075 (MJB) ) v. ) ) KOHL S DEPARTMENT STORES, INC., ) and OMNICOM GROUP
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS JOSEPH MOORE and CINDY MOORE, Plaintiffs-Appellants, UNPUBLISHED November 27, 2001 V No. 221599 Wayne Circuit Court DETROIT NEWSPAPER AGENCY, LC No. 98-822599-NI Defendant-Appellee.
More informationIn the Court of Appeals of Georgia
WHOLE COURT NOTICE: Motions for reconsideration must be physically received in our clerk s office within ten days of the date of decision to be deemed timely filed. http://www.gaappeals.us/rules/ July
More informationIN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA
State Court of Fulton County ***EFILED*** LexisNexis Transaction ID: 30867482 Date: Apr 30 2010 2:18PM Mark Harper, Clerk IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA CHRISTOPHER W. PITTS and TERESA
More informationCAUSE NO. v. FALLS COUNTY, TEXAS I. DISCOVERY CONTROL PLAN LEVEL
CAUSE NO. PHYLLIS RAY SHERMAN, INDIVIDUALLY, IN THE DISTRICT COURT OF AS REPRESENTATIVE OF THE ESTATE OF BRANDICE RAY GARRETT, AND AS NEXT FRIEND OF H.D.G., A MINOR CHILD, PLAINTIFFS, v. FALLS COUNTY,
More informationWrongful Death and Survival Action Preliminary Objections Punitive Damages IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISION
MICHELLE KELLER Administratrix for the ESTATE OF RICHARD B. KELLER v. SUPERIOR PLUS ENERGY SERVICES, INC., t/d/b/a/ SUPERIOR PLUS ENERGY SERVICES and DAVID ROMERO Wrongful Death and Survival Action Preliminary
More informationMINNESOTA TRUCK CRASH LAW OVERVIEW
The TLG State Survey Project was edited and compiled by JJ Burns. If this particular document requires an update, addition or modification, please contact him at JJB@dollar-law.com or (816) 876-2600 MINNESOTA
More informationAre the IPI Instructions on Construction Negligence an Accurate Statement of Illinois Law?
Feature Article Judge Donald J. O Brien, Jr. (ret.) * Johnson & Bell, Ltd., Chicago Are the IPI Instructions on Construction Negligence an Accurate Statement of Illinois Law? The current version of the
More informationLiability for criminal acts of employees
Liability for criminal acts of employees Carrie Meigs Teague Campbell Dennis & Gorham, L.L.P. KNOW YOUR LEGAL OBLIGATIONS Derivative Liability Respondeat Superior What does it mean? Let the master answer
More informationIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION Plaintiff, TIMOTHY YOUNG, as Personal Representative of the Estate of ALLEN
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON November 18, 2015 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON November 18, 2015 Session MELANIE JONES, INDIVIDUALLY AND ON BEHALF OF MATTHEW H. v. SHAVONNA RACHELLE WINDHAM, ET AL. Direct Appeal from the Circuit Court
More informationIN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE. Plaintiff v. Defendant TRIAL BRIEF OF PLAINTIFF
1 1 1 CASE NO. ========================================================== IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE ==========================================================
More informationEllis & Winters, LLP, by Paul K. Sun and Kelly Margolis Dagger, for Plaintiffs AmeriGas Propane, L.P. and AmeriGas Propane, Inc.
AmeriGas Propane, L.P. v. Coffey, 2016 NCBC 15. STATE OF NORTH CAROLINA MADISON COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 14 CVS 376 AMERIGAS PROPANE, L.P. and AMERIGAS PROPANE, INC.,
More informationFall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1
Professor DeWolf Torts I Fall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1 This case is based upon McLeod v. Cannon Oil Corp., 603 So.2d 889 (Ala. 1992). In that case the court reversed
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION. ) ) ) Plaintiffs, ) ) v. ) No. 4:15CV01370 AGF MEMORANDUM AND ORDER
Stars Investment Group, LLC et al v. AT&T Corp. et al Doc. 93 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STARS INVESTMENT GROUP, LLC and STAR S DESIGN GROUP, INC., ) ) )
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS KLARICH ASSOCIATES, INC., a/k/a KLARICH ASSOCIATES INTERNATIONAL, UNPUBLISHED May 10, 2012 Plaintiff-Appellant/Cross-Appellee, v No. 301688 Oakland Circuit Court DEE
More informationJ & D Towing, LLC v. Am. Alternative Ins. Corp.
J & D Towing, LLC v. Am. Alternative Ins. Corp. Elliott Cooper Lauren Tow S 2016 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any
More informationPunitive damages in insurance bad-faith cases after State Farm v. Campbell
Punitive damages in insurance bad-faith cases after State Farm v. Campbell Despite what you may have heard, the United States Supreme Court s recent decision in State Farm Mutual Automobile Insurance Company
More informationCERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
Filed 4/13/17 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE MICHAEL J. SUMRALL et al., Plaintiffs and Appellants, v. MODERN ALLOYS,
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY RADIUS SERVICES, LLC., a Delaware limited liability company, Plaintiff, v. JACK CORROZI CONSTRUCTION, INC., a Delaware corporation,
More informationNew York Central Mutual Insura v. Margolis Edelstein
2016 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-1-2016 New York Central Mutual Insura v. Margolis Edelstein Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2016
More informationCASENOTE. LAWATYOURFINGERTIPS By James G. Randall, Esq
CASENOTE LAWATYOURFINGERTIPS By James G. Randall, Esq Employer not liable for accident of employee who was returning from a dentist appointment while on her lunch break and driving her own vehicle Filed
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE. DELAWARE BAY SURGICAL SERVICES, P.A., a Delaware Professional Services Corporation, No.
IN THE SUPREME COURT OF THE STATE OF DELAWARE DELAWARE BAY SURGICAL SERVICES, P.A., a Delaware Professional Services Corporation, No. 370, 2005 Defendant-Below, Appellant, Cross-Appellee, Court Below:
More informationSummary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2
Summary of Contents Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter
More informationTort Reform (2) The pleading specifically asserts that the medical care has and all medical records
Tort Reform 2011 Medical Malpractice Changes (SB 33; S.L. 2011 400) o Enhanced Special Pleading Requirement (Rule 9(j)) Rule 9(j) of the Rules of Civil Procedure now requires medical malpractice complaints
More informationIN 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 RONALD L. RITTLER Plaintiff, v. C.A. No. 07C-09-142 MJB MICHAEL W. BARLOW Defendant. Submitted: May 14, 2014 Decided: August
More informationHow to Use Torts Tactically in Employment Litigation
How to Use Torts Tactically in Employment Litigation Ty Hyderally, Esq. Hyderally & Associates, P.C. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973)
More informationNEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:
NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person
More informationIN THE CIRCUIT COURT OF MONROE COUNTY, WEST VIRGINIA
IN THE CIRCUIT COURT OF MONROE COUNTY, WEST VIRGINIA DANIEL LEE HOKE, as Administrator of The Estate of Justin Lee Hoke, and in his individual capacity as the natural father of Justin Lee Hoke, BRENDA
More informationUNIFORM LAW COMMISSIONER'S MODEL PUNITIVE DAMAGES ACT PREFATORY NOTE
UNIFORM LAW COMMISSIONER'S MODEL PUNITIVE DAMAGES ACT PREFATORY NOTE During the past decade serious concern has been expressed regarding the role of punitive damage awards in the civil justice system in
More informationThis matter comes before the Court on a motion for summary judgment filed by
f'nj STATE OF MAINE CUMBERLAND, SS. SUPERIOR COURT CIVIL ACTION DOCKET NO. CUMSC-CV-15-64 JOSEPH RANKIN, v. Plaintiff, DOUGLAS W. SHEA, D.S. FOUNDATIONS, INC., CHASE SHEA, and ADRIEN BERRY Defendants.
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 8, 2003 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 8, 2003 Session CINDY R. LOURCEY, ET AL. v. ESTATE OF CHARLES SCARLETT Appeal from the Circuit Court for Wilson County No. 12043 Clara Byrd, Judge
More informationIN 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 WESTFIELD INSURANCE ) COMPANY, INC., ) Plaintiff, ) v. ) C.A. No. N14C-06-214 ALR ) MIRANDA & HARDT ) CONTRACTING AND BUILDING
More informationIN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS, LAREDO DIVISION
IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS, LAREDO DIVISION Cruz Miguel Aguina Morales, as Administrator of the Estate of MIGUEL ANGEL SALAS MORALES, Juan Francisco Salas, as Administrator
More informationLEDER &HALE. District of Columbia Civil Liability Law Summary. Steve Leder 11/2017
District of Columbia Civil Liability Law Summary LEDER &HALE Steve Leder 11/2017 Leder & Hale PC 401 Washington Avenue, Suite 600 Baltimore, MD 21204 (443) 279-7906 www.lederhale.com DISTRICT OF COLUMBIA
More informationSTATE LAW SUMMARY Overview of the State of Delaware Update 2013
STATE LAW SUMMARY Overview of the State of Delaware Update 2013 Preparer: William Crawford Franklin & Prokopik, P.C. Wilmington, Delaware Table of Contents Overview of the Washington Court System A. Trial
More informationStrict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW
Strict Liability and Product Liability PRODUCT LIABILITY The legal liability of manufacturers, sellers, and lessors of goods to consumers, users and bystanders for physical harm or injuries or property
More informationCase 1:17-cv LG-RHW Document 42 Filed 03/19/18 Page 1 of 8
Case 1:17-cv-00083-LG-RHW Document 42 Filed 03/19/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JESSICA C. McGLOTHIN PLAINTIFF v. CAUSE NO.
More information4. Plaintiff, Valerie Battle-Dugger, is an adult individual, residing at all times relevant
3. Plaintiff, Creighton Mims, is an adult individual, residing at all times relevant herein in Chicago, Illinois. 4. Plaintiff, Valerie Battle-Dugger, is an adult individual, residing at all times relevant
More informationHYDERALLY & ASSOCIATES, P.C.
HYDERALLY & ASSOCIATES, P.C. Ty Hyderally, Esq. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973) 509-8500 F (973) 509-8501 HOW TO USE TORTS TACTICALLY
More informationAppeal from the Order entered October 21, 2016 in the Court of Common Pleas of Lackawanna County, Civil Division, No(s):
2017 PA Super 308 ROBERTA BRESLIN, EXECUTRIX OF THE ESTATE OF VINCENT BRESLIN, DECEASED, : : : : Appellant : : v. : : MOUNTAIN VIEW NURSING HOME, INC., IN THE SUPERIOR COURT OF PENNSYLVANIA : : No. 1961
More informationCHAPTER 27 CIVIL CONSPIRACY
CHAPTER 27 CIVIL CONSPIRACY 27:1 Elements of Liability 27:2 Unlawful Means Defined 27:3 Unlawful Goal Defined 27:1 ELEMENTS OF LIABILITY For the plaintiff, (name), to recover from the defendant(s) (name[s]),
More informationMcCullough v. Peeples
McCullough v. Peeples United States District Court for the Western District of Pennsylvania March 5, 2015, Decided; March 5, 2015, Filed CIVIL ACTION NO. 3:14-123 Reporter 2015 U.S. Dist. LEXIS 27683;
More informationS16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. After Dale Lyman and his wife, Helen, left Cellchem International, Inc.
In the Supreme Court of Georgia Decided: January 23, 2017 S16G0662. LYMAN et al. v. CELLCHEM INTERNATIONAL, INC. MELTON, Presiding Justice. After Dale Lyman and his wife, Helen, left Cellchem International,
More informationCONDENSED OUTLINE FOR TORTS I
Condensed Outline of Torts I (DeWolf), November 25, 2003 1 CONDENSED OUTLINE FOR TORTS I [Use this only as a supplement and corrective for your own more detailed outlines!] The classic definition of a
More informationTHE LAW PROFESSOR TORT LAW ESSAY SERIES ESSAY QUESTION #3 MODEL ANSWER
THE LAW PROFESSOR TORT LAW ESSAY SERIES ESSAY QUESTION #3 MODEL ANSWER Carol stopped her car at the entrance to her office building to get some papers from her office. She left her car unlocked and left
More informationCOURT OF APPEALS THIRD APPELLATE DISTRICT MARION COUNTY BELOW, ET AL., CASE NUMBER v. O P I N I O N
[Cite as Below v. Dollar Gen. Corp., 163 Ohio App.3d 694, 2005-Ohio-4752.] COURT OF APPEALS THIRD APPELLATE DISTRICT MARION COUNTY BELOW, ET AL., CASE NUMBER 9-05-08 APPELLANTS, v. O P I N I O N DOLLAR
More informationIN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ORDER DENYING DEFENDANTS MOTIONS TO DISMISS (DKT. NOS. 14, 21)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN JENNIFER MYERS, Case No. 15-cv-965-pp Plaintiff, v. AMERICOLLECT INC., and AURORA HEALTH CARE INC., Defendants. ORDER DENYING DEFENDANTS
More informationNORTH CAROLINA COURT OF APPEALS *******************************************
No. COA 16-692 TENTH DISTRICT NORTH CAROLINA COURT OF APPEALS ******************************************* BRADLEY WOODCRAFT, INC. Plaintiff-Appellee, v. From Wake County CHRISTINE DRYFUSS a/k/a CHRISTINE
More informationIndiana Appellate Decision Seems to Signal Major Change in Civil Action Under Ind. Crime Victim s Relief Act
www.pavlacklawfirm.com March 7 2014 by: Colin E. Flora Associate Civil Litigation Attorney Indiana Appellate Decision Seems to Signal Major Change in Civil Action Under Ind. Crime Victim s Relief Act This
More informationIN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County. Cause No.
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c; ARCAP 28(c; Ariz. R. Crim. P. 31.24 IN THE COURT OF
More informationLester v. SMC Transp., LLC
Lester v. SMC Transp., LLC United States District Court for the Western District of Virginia, Roanoke Division December 22, 2016, Decided; December 22, 2016, Filed Civil Action No. 7:15CV00665 Reporter
More informationCourt of Appeals of Ohio
[Cite as Sheffey v. Flowers, 2013-Ohio-1349.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 98860 NORMA SHEFFEY, ET AL. vs. PLAINTIFFS-APPELLEES ERIC
More informationSUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY CO URTH OUSE GEORGETOWN, DE
SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES 1 THE CIRCLE, SUITE 2 JUDGE SUSSEX COUNTY CO URTH OUSE GEORGETOWN, DE 19947 April 26, 2005 John A. Sergovic, Jr., Esquire Sergovic & Ellis, P.A.
More informationIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION. Case No.
1 1 1 1 1 1 1 Christopher B. Dolan (SBN 1) Emile A. Davis (SBN ) San Francisco, California Telephone: (1) -00 Facsimile: (1) -0 Attorneys for Plaintiffs ANG JIANG LIU, HUAN HUA KUANG, ANTHONY LIU IN SUPERIOR
More information4:14-cv RBH Date Filed 07/02/15 Entry Number 13 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION
4:14-cv-04810-RBH Date Filed 07/02/15 Entry Number 13 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Robert Isgett, ) Civil Action No.: 4:14-cv-4810-RBH
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION DEANDRE JOHNSON, ) ) Plaintiff, ) ) ) ) ) ) )
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION DEANDRE JOHNSON, Plaintiff, v. CITY OF KANSAS CITY, MISSOURI, Defendant. Case No. 4:18-00015-CV-RK ORDER GRANTING
More informationWILLIAM MICHAEL BOYKIN, Plaintiff, v. THOMAS RAY MORRISON, RUFUS AARON WILSON, JR. and WILLIE PERRY, Defendants No. COA (Filed 28 December 2001)
WILLIAM MICHAEL BOYKIN, Plaintiff, v. THOMAS RAY MORRISON, RUFUS AARON WILSON, JR. and WILLIE PERRY, Defendants No. COA01-80 (Filed 28 December 2001) 1. Insurance automobile--uninsured motorist--motion
More informationCourt of Appeals. Slip Opinion
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Case :-cv-0-cab-blm Document 0 Filed 0// Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ABIGAIL TALLEY, a minor, through her mother ELIZABETH TALLEY, Plaintiff, vs. ERIC CHANSON et
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE SEPTEMBER 12, 2007 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE SEPTEMBER 12, 2007 Session JEFF MILLER and wife, JANICE MILLER, each individually, and as surviving parents and next of kin of the minor, WILLIAM J. MILLER,
More informationCED: An Overview of the Law
Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):
More informationOF FLORIDA THIRD DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. GABRIEL D. SIERRA, a minor, ** by and through his mother and next friend, CHRISTINA DUARTE ** SIERRA and CHRISTINA DUARTE
More informationUS EXPRESS LEASING, INC.; CIT TECHNOLOGY FINANCING SERVICES, INC.; BANC OF AMERICA LEASING & CAPITAL, LLC, Plaintiffs/Appellees,
NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION
More informationLiquidated Damages in Delaware
Liquidated Damages in Delaware Robert J. Krapf and Sara T. Toner, Richards, Layton & Finger P.A., Wilmington, Delaware Most contracts for the purchase and sale of commercial real property include among
More informationCase: 1:16-cv MRB Doc #: 627 Filed: 08/29/18 Page: 1 of 14 PAGEID #: 24328
Case: 1:16-cv-00593-MRB Doc #: 627 Filed: 08/29/18 Page: 1 of 14 PAGEID #: 24328 Christopher Atwood, et al., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Plaintiffs, Case No.
More information