Classes of Damages:
Nominal damages: cause of action, but cannot establish actual damages harmed
Compensatory damages: awarded to a person as compensation, indemnity, or restitution for
Restorative theory of tort liability
Required to e
United States Supreme Court
131 S.Ct. 2630 (2011)
The Federal Employers Liability Act imposes liability upon railroad
carriers for injuries sustained by an employee, in the course of his
Vicarious Liability: A is responsible for B's negligence solely on the basis of their
Respondeat Superior: master-servant theory. Generally, independent
contractors not subject to vicarious liability.
Depends on character of relationship: e
1. Unforeseen Plaintif
a. Palsgraf v. Long Island R. Co (NY 1928) (Plaintiff waiting for train on platform. When
another train departed, a man holding a package was unsteady as he boarded so the
guard on the platform pushed him up, causing man to
BLATZ /ROYAL/ OVERSEAS WAGON
Blatz v. Allina Health System
COA MN, 2001
FACTS: A woman has a heart attack and her husband calls 911. The ambulance has trouble finding the
house, which costs them extra time before they are a
Survival Statutes (brought on behalf of estate): Medical/funeral expenses (if paid by estate);
lost earnings; pain and suffering of decedent; loss of enjoyment of life; punitive.
Allows for accumulation of wealth in estate.
Courts consider profligacy, so
Banks v. Sunrise Hospital: While in surgery, plaintiff suffered cardiac arrest and remained in
vegetative state. Plaintiff was awarded pain & suffering and hedonic damages (loss of enjoyment
Pain & suffering: problems of q
No Duty to Act (Limited duty for nonfeasance)
1. Nonfeasance: A mere bystander incurs no liability when he fails to take action
a. Ex: man walks by suspicious person hiding near college campus.
b. Ex: A car drives by a car accident and doesnt stop.
CREATING NO DUTY RULES
Thompson v. Kaczinski
Stagl v. Delta
McCatrthy v. Olin
Nonfeasance-the failure to act when a duty to act exists.
Misfeasance- a lawful act performed in a wrongful manner.
When a court rules no duty in a particular case,
Supreme Court of California
150 P.2d 436 (Cal. 1944)
A manufacturer incurs absolute liability when an article that he has
placed on the market, knowing it is to be used without inspection,
proves to have a de