Tort law has long held individuals liable fornegligently spreading certain communicable diseases. Over time, courts have extended the cause ofaction to include various sexually transmitted infections. Currently, HPV is the most common sexually transmitted infection in the United States. Surprisingly, however, there is a dearth of case law examining HPV's transmission in a negligence context. HPV has many unique characteristics that make the virus's transmission difficult to reconcile within the negligence framework. At the core of all negligence claims resides a defendant's duty; however, HPV's characteristics make it difficult to determine when a duty should exist and raises questions as to whether courts should impose a duty to prevent transmission of the infection at all. Furthermore...
Representatives from about 25 businesses and municipalities pressed a House committee Wednesday to approve legislation to codify Maryland's common-law ban on plaintiffs in personal injury cases from recovering damages if they were partially at fault. Meanwhile, a trio of plaintiffs' attorneys told the House Judiciary Committee that the current, court-created, absolute defense of "contributory negligence" is unfair and should not be preserved by statute.
DAYTON -- A Dayton girl, a victim of suspected serial rapist Billy Balidbid, is suing two Belmont High School officials, claiming they were negligent in allowing her to walk home after she was suspended the day she was attacked. Her mother, Angela Jordan, and grandmother, Edith Jordan, are also plaintiffs in the lawsuit against Assistant Principal Theron Spence and school nurse Marian Doukoure.
Wanat takes a detailed look at Tennessee Supreme Court's decision in Camper vs Minor that altered materially the prima facie case of a plaintiff who is caused emotional distress by another's negligence. He analyzes the progeny of Camper, focusing on the present law in Tennessee concerning the negligent infliction of emotional injury; examines the future of the negligent infliction of an emotional distress tort in Tennessee; and explores the possibility that circumstances once relevant to liability limiting principles such as that of the "physical injury" can be used as aids in applying "general negligence" principles. Lastly, he also analyzes the "serious or severe" emotional injury as proven by "expert medical or scientific evidence" limits upon recovery. Both are essential components ...
The mother of a teenager killed in a helicopter accident has filed suit against the Federal Aviation Administration alleging air traffic control negligence. Stephanie Younger sued the FAA after her daughter, Ashley Younger, 17, was killed when the Trooper 2 medevac helicopter crashed in District Heights, Md., in September 2008. The pilot, a paramedic and a field provider also died in the crash. One passenger survived the accident.
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