MED-MAL NON-ECONOMIC DAMAGES CAP declared unconstitutional… Best. [Read more…]
Libby asbestos claims against BN, supervisory control
LIBBY ASBESTOS claims against BN not preempted by FRSA or HMTA… BN subject to strict liability because handling of asbestos constitutes abnormally dangerous activity, but protected from liability under Restatement of Torts §521 for actions taken pursuant to statutory public duty, for those actions is subject only to ordinary negligence… BN may not refute causation by offering Grace’s conduct as a substantial factor or superseding intervening cause of injuries… Eddy affirmed, reversed on supervisory control. [Read more…]
Intervention, doctors as Ds in suit against clinic
INTERVENTION: Supervisory control of Sandefur’s order allowing doctors to intervene as defendants in malpractice suit against clinic denied… order. [Read more…]
Continuing tort, RR contamination, certified
CONTINUING TORT: Contamination that has stabilized as to quantity or concentration but continues to migrate will toll statute until harm no longer reasonably can be abated… certified question from Cebull. [Read more…]
Product liability, fall from loader bucket
PRODUCT LIABILITY: Plaintiff who fell from loader bucket is the only “user” under product liability law, whether supervisor or co-worker read or understood warnings against riding in bucket irrelevant… [Read more…]
Contamination, continuing tort, certified question
CONTAMINATION: Certified question from Cebull accepted as to continuing tort doctrine for trespass/nuisance property [Read more…]