Torts Cases - Term Definition Walter v Walmart Prescription...

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Term: Walter v. Walmart Definition: Prescription mixup: respondeat superior, multiple actor liability, comparative fault, qualified duty of care Term: MacPherson v. Buick Definition: Tires fell off car, user was 3rd party: no privity necessary for duty, duty to any foreseeable user Term: Mussavid v. David Definition: STD, infidelity: duty of care extends to foreseeable sexual partners, not any/all future lovers Term: Osterlind v. Hill Definition: Canoe rental: no duty owed, P's carelessness cut off duty, no duty to rescue
Term: Baker v. Fenneman Definition: Taco Bell: to determine duty consider - relationship b/t parties, reasonable foreseeability, public policy concerns (inefficient to have employee decide whether injury was their fault b/f acting) Term: Leffler v. Sharp Definition: P fell through roof: status can change (invitee --> trespasser), therefore duty can change Term: Aikens v. Debow Definition: Bridge closed, limited access to motel: no recovery for pure economic loss, must be parasitic to physical or property injury Term: Martins v. Evans Definition: Backing up trailer: jury decides breach, ordinary standard of care
Term: Myers v. Heritage Definition: Nurses assistant dropped patient: jury decides breach, ordinary standard of care Term: Pingaro v. Rossi Definition: Dog bite: strict liability, don't have to prove fault to be held liable Term: Jones v. Port Authority Definition: Bus fall, sudden stop: higher standard of care --> extraordinary care for common carriers Term: Campbell v. Kovich Definition: Lawn mowing: exception - breach connected to foreseeability, liability might be limited even when there's an injury, matter of law not for jury Term: Adams v. Bullock Definition: Child/trolley cable: breach connected to foreseeability, liability might be limited even when there's an injury, matter of law not for jury
Term: Vaughan v. Menlove Definition: Hay fire: reasonable person standard will not be adjusted down or up for reasons such as intelligence Term: Appelhans v. McFall Definition: Child on bicycle: tender years doctrine Term: TJ Hooper Definition: Tugs/radios: TJ Hooper rule, courts not bound by industry standard Term: Johnson v. Riverdale Definition: Preoxygenate patient decision: Anti-TJ Hooper Rule, if custom in medical industry, standard will be binding on courts
Term: Largey v. Rothman Definition: Consent for biopsy: 2 standards considered: professional standard (expert testimony) and prudent-patient

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