Defenses Flashcards
A plaintiff’s recklessness is a … to negligence …
Defense / in a majority of states
Hightower v. Paulson Truck Lines Inc.
Plaintiff’s recovery was not affected, despite his having tailgated the other vehicle because the other car stopped suddenly without warning
Restatement (Third) of Torts § 2
(1) A person acts recklessly in engaging in conduct if:
(A) The person knows of the risk of harm created y the conduct or knows facts that make thirst obvious to anther in the person’s situation
(B) The precautions that would eliminate or reduce the risk involved burdens that are so slight relative to the magnitude of the risk as to Redner the person’s failure to adopt the precaution a demonstration of the person’s indifference to the risk
Fritts v. McKinne
A physician may not avoid liability for negligent medical treatment simply because the patient’s own negligence caused the injury necessitating the medical treatment under comparative negligence.
Harb v. City of Bakersfield
Evidence of a plaintiff’s failure to take medications could not be used in a claim against first responders who mistook his stroke for intoxication
Hall v. Dumitru
A plaintiff does not always have a duty to undergo surgery to mitigate damages caused by a defendant’s negligence on a reasonable person basis
Munn v. Algee
After a woman refused a blood transfusion because of religious beliefs, her family was not allowed to recover for wrongful death because she would have lived should she have accepted treatment
Chaining v. Board of Education
A statute’s purpose was to protect children against their own negligence when using the bus, so allowing their negligence to bar recovery would thwart the purpose of the statute
Nabors Well Services Ltd. v. Romero
Evidence of a plaintiff’s failure to use a seat belt is admissible in car accident cases
Greenwood v. Mitchell
Recommended the use of separate verdict forms in cases where the plaintiff failed to mitigate, with one covering before the failure and the other after
Avoidable consequences are a … defense to negligence
Partial
Assumption of the risk is a … defense to negligence
complete
