Intervening Cause

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Pohl v. County of Furnas; an intervening cause cuts off a tortfeasor's liability only when it is not foreseeable; tthe new and independent conduct of a third person is itself the proximate cause of the injury and breaks the causal connection.

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the firefighter's rule

Levandoski v. Cone; the firefighter's rule does not bar recovery from a tortfeasor who is neither a landowner nor a person in control of the premises; invitee; licensee.

Stepparent Immunity for Negligent Supervision

Zellmer v. Zellmer; Because a stepparent standing in loco parentis has a common law duty to support and educate a child to the same extent as a biological parent, he or she is also entitled to parental immunity for negligent supervision.

Hospital Liability for Discharging Unstable Patients

Lewellen v. Schneck Medical Center; A hospital must provide appropriate medical screening within emergency department; the patient may not be discharged until he has received stabilizing treatment or has been appropriately transferred.

National Child

Doe a/k/a Twist v. TCI Cablevision The First Amendment protects the defendant's expressive speech against a plaintiff's right of publicity claim if newsworthy, but not if for profit.

Foreseeability Is A Fact Question

A.W. v. Lancaster County School District 0001. Questions of foreseeability in the context of determining whether an alleged tortfeasor's duty to take reasonable care has been breached must be decided by the finder of fact. Avoid Jury Trial.

Learned Intermediary Doctrine

State v. Karl. Manufacturers of prescription drugs are subject to the same duty to warn consumers about the risks of their products as other manufacturers.

Lead Paint Case

State of Rhode Island v. Lead Industries Association, Inc. A public nuisance is an unreasonable interference with a right common to the general public by a person or persons with control over the instrumentality alleged to have created the nuisance.

Substantial Factor Test for Causation

Lasley v. Combined Transport, Inc.; factual cause exists if someone examining the event without regard to legal consequences would conclude that the allegedly faulty conduct or condition in fact played a role in its occurrence.

Discovery Rule

Lincoln Electric Co. v. McLemore; A plaintiff's cause of action accrues at the point at which he discovered, or by reasonable diligence should have discovered, the injury. Statute of limitations.

Sudden Emergency Doctrine

Posas v. Horton; The fact that the actor is not negligent after the emergency arises does not preclude his liability for tortious conduct that produced the emergency.

Feres Doctrine

Purcell v. United States; under the Feres doctrine, the government is not liable under the FTCA for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.

Landlord Duty to Tenants

Ward v. Inishmaan Assocs. Ltd. Partnership; Generally speaking, landlords have no duty to protect tenants from criminal attack by third parties.

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Intervening Cause

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