NTMVSA

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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.

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Immunity Statutes and Damages Limits Cannot Deny Meaningful Remedy

Clarke v. Oregon Health Sciences University; The Remedy Clause of the Oregon Constitution provides that, although the legislature may change a remedy or procedure, it cannot deny a remedy entirely.

Family Car Doctrine

Malchose v. Kalfell; The family car doctrine imposes liability on a vehicle owner for negligent operation of that vehicle with the owner's express or implied consent, for purposes of the business or pleasure of the owner's family; negligent entrustment.

Standard Negligency Jury Instruction

Bjorndal v. Weitman; person negligent if person fails exercise reasonable care measured by what reasonable person acting with ordinary prudence would do under the same or similar circumstances including emergencies.

No Nominal Damages in Negligence Actions

Right v. Breen; when the action sounds in negligence, no purpose would be served by a nominal damages award; exemplary damages.

Workers' Compensation Injury Requirements

Wait v. Traveler's Indemnity Co. of Illinois; to recover under Tennessee Workers' Compensation Act, injury must both arise out of and occur in the course of an employee's employment.

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.

Workers' Compensation Specific Intent

Rainer v. Union Carbide Corp. An employer acts with deliberate intention, so the employee's injury is excepted from workers' compensation exclusivity, only when it determines to injure an employee and uses some means appropriate to that end.

Federal Tort Claims Act

United States v. Olsen. The Federal Tort Claims Act authorizes civil actions against the United States under circumstances in which a private person would be liable under the law of the place where the act or omission occurred.

Direct Loss In Tort

In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. If reasonably foreseen that an act may cause harm, tortfeasor is liable for damages, regardless of whether type and extent of damages are reasonably foreseeable.

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.

Shopkeeper's Privilege

Gortarez v. Smitty's Super Valu, Inc.; A merchant with reasonable cause may detain in a reasonable manner and for a reasonable time any person suspected of shoplifting for questioning or summoning a law enforcement officer.

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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