Tort and workers' comp Flashcards
Palsgraf v LIRR
railroad employees were helping a man with a package that was dropped and exploded and some of the debris injured a woman
the woman sued and lost
Court ruled: no breach of duty because Palsgraf’s injury was not foreseeable
Christy Bros Circus v Turnage
Horse shit on a woman in the audience during performance and she sued because she was severely emotional distressed and embarrassed
Court held that UNWANTED touching constitutes a physical injury, thus the shit was physical and she could recover for the emo damage resulting from this “physical injury”
- this was legal precedent that allowed for such damages
Waube v Warrington
Susie Waube saw her child get struck and killed by a car from her home window -
Court ruled by proximate cause stance and ruled no recovery for witnesses if they are outside the ZONE OF DANGER
Carter v General Motors
dude got psychosis from extreme work conditions on the production line
Michigan SC ruled that employee could receive workers’ comp for psychosis resulting from employment
Dillon v Legg
mother saw her child hit and killed by car
CASC REJECTED the zone of danger rule and set a foreseeability standard:
1. proximity to accident
2. relationship to victim
3. did they actually see the accident?
weighing these factors will determine whether the harm was reasonably foreseeable
Molien v Kaiser Foundation Hospital
medical malpractice suit
- doctor erroneously diagnosed woman with syphilis
- she told her husband and they divorced
- he sued stating he was a direct victim
- doc affirmatively told her to tell her husband which would impact their marriage
CASC held he was a foreseeable victim for those reasons
Plaisance v Texaco Inc
dude said he suffered from PTSD related to an accident while driving a tugboat but no one was harmed
Ruling established the “ZONE OF DANGER” test for NIED under maritime law
- thus Texaco wasn’t liable b/c the injury couldn’t be reasonably foreseen
Molzof v U.S.
hospital employee’s negligence cause irreversible damage and his comatose condition prevented him from being aware of damages awarded
Question of the FTCA and whether these were compensatory or punitive damages
FTCA prohibits punitive damages but not compensatory so this man’s family should receive rewards for medical expenses and loss of enjoyment of life which are determined by STATE law
TXO Products v Alliance Resources
SCOTUS upheld very large punitive damages award
-OK as long as juries are given basic guidelines concerning the award of such damages
Gough v Natural Gas Pipeline Co
dude backed over an improperly buried pipeline with his fishing vessel
- huge explosion and people died
Established precedent re: liability of natural gas pipeline companies when a pipeline is improperly buried
Harris v Forklift Systems
Tessa sued her employer for sexual harassment - abusive workplace that resulted in her quitting her job
SCOTUS ruled that employers can be liable for creating an abusive work environment even if harassment doesn’t cause psychological damage
-established that sexual harassment is a violation of Title VII of the civil rights act
