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
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,
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.
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
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
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
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
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