Liability for Hiring An Incompetent Contractor

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Puckrein v. ATI Transport, Inc; to prevail against principal for hiring incompetent contractor plaintiff must show contractor was incompetent, unskilled perform job for which hired, the harm arose due to incompetence and principal knew incompetent.

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Damage Limits in Maritime Cases

Exxon Shipping Co. v. Baker; In maritime cases, compensatory and punitive damages should be limited to a 1:1 ratio.; malice; remittur.

Sovereign Immunity under FTCA

United States v. Olson; FTCA requires a court to look to state law on the liability of private entities, not public entities, when assessing the government's liability in activities that private persons do not perform; discretionary function.

Remedy for Breach of Contract is not Tort Action

Spengler v. ADT Security Services, Inc; under Michigan law action for an action in tort to arise out of a breach of contract, the act complained of must constitute (1) a breach of duty separate and distinct from the breach of contract, and (2) active negligence.

Design Defect

Merck & Co. v. Garza; Courts should allow a party to present the best available evidence and only then should determine from a totality of the evidence, considering all factors, whether there is legally sufficient evidence to support judgment.

Premises Liability Waiver Agreement

Dalury v. S-K-I Ltd. An exculpatory agreement requiring skiers to release a ski resort operator from liability for injuries sustained on the property is void as contrary to public policy.

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.

Economic Loss Rule

Affiliated FM Ins. Co. v. LTK Consulting Services, Inc.; The economic loss rule, a doctrine that has attempted to describe the dividing line between the law of torts and the law of contracts, should not be treated as a bright line rule.

Duty Based on Public Policy

Diaz v. Phoenix Lubrication Service, Inc.; an actor whose conduct has not created a risk of physical harm to another has no duty of care to the other unless there is some other affirmative basis for the existence of a duty.

NTMVSA

Doomes v. Best Transit Corp.; the National Traffic and Motor Vehicle Safety Act includes a savings clause stating that compliance with a motor vehicle safety standard does not exempt liability at common law. Premeption Doctrine.

Open and Obvious Doctrine

Kentucky River Medical Center v. McIntosh; a possessor of land is not liable to invitees for physical harm caused by an activity or condition whose danger is known or obvious, unless should have anticipated despite knowledge or obviousness.

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.

Child Liability in Tort

Van Camp v. McAfoos; A child cannot be held liable in tort without some allegation of negligence or wrongful conduct on his or her part.

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Liability for Hiring An Incompetent Contractor

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