Law Reporter 1994: Vol 37 Index

37 Pages·1994·12.1 MB·English

Law Reporter
1994
Annual Index
and
Table of Cases
for
Volume 37
CONTENTS
How to Use This Index
General Index by Subject
Table of Cases by Plaintiff
Table of Cases by Defendant
Injury Awards
Wrongful Death Awards
How to Use This Index
The Law Reporter Annual Index is designed to make your 1994 issues of the Law Reporter a reliable and accessible re-
search tool. Here are a few things you should know to make the best use of your index:
General Index by Subject (page LR-3). The major subject headings in the General Index correspond to the areas of
law covered in each issue of the Law Reporter.
To locate a particular kind of case, first determine which area your inquiry falls into. Entries within each subject include
both factual and legal issues. The numbers after the entries are the page numbers in Volume 37 of the Law Reporter where
the cases appear. Pages PN-1 to PN-8 are found in the May 1994 issue of Law Reporter.
Table of Cases by Plaintiff (page LR-17) and by Defendant (page LR-25). These tables include the most complete
citations available as of November 1994.
Injury Awards (page LR-33). Entries in this section will direct you to cases in the Law Reporter that contain awards of
damages for particular types of injuries. The following abbreviations are used in this section of the index: V for verdict;
S for settlement; SS for structured settlement; PVS for postverdict settlement; A for arbitration award; and M for media-
tion award. An asterisk beside an award indicates plaintiff suffered injuries in addition to the one(s) listed.
Wrongful Death Awards (page LR-35). This table lists the wrongful death awards reported in Volume 37 of the Law
Reporter. The following abbreviations are used in this section of the index: V for verdict; S for settlement; SS for struc-
tured settlement; PVS for postverdict settlement; A for arbitration award; and M for mediation.
To Obtain Further Information About a Case: The Law Reporter provides pleadings, court documents, and briefs
through the “Offerings” column each month. That column also provides a list of Case Summary Surveys—each survey
includes a collection of case summaries appearing in the Reporter from 1988 to the present and a list of relevant articles
and legal annotations. You can also order Ultimate Offerings, which include documents from at least five different cases
on the topic, a case summary survey, and a bylined article. The best source for additional information about a case is plain-
tiff’s counsel. The name and city of the ATLA member involved in a case is provided, where possible, at the end of our
report of the case. Your ATLA membership directory will provide you with the complete address and telephone number
of any ATLA member.
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Association of Trial Lawyers of America
Law Reporter
1050 31st Street, N.W.
Washington, DC 20007
Editor-in-Chief
Managing Editor Peter C. Quinn
Associate Editors Amy L. Allbright
Jonathan Wall
Samia C. Haddad
Contributing Editors
Lynne J. Stern
Administrative Assistant Edwina L. Cooper
Production Assistant Susan K. Sandbach
Admiralty - Automobile Accidents
General Index by Subject
Admiralty handles, usable, lack of, 373 imposing reasonable costs on departing
warnings, lack of, 373 partners who compete with their former
general maritime law, hydraulic ram, leaking, firms,
crew, inadequate, 44, 164 repair of, negligent, 332 enforceable, 125
cruise line liability, inadequate, 44 attorney fees,
warn passengers, failure to, lifeboat, contingency,
storm, impending, 372 inspect, failure to, 332 firm whose lawyers leave with contingency
drydocking, operation, negligent, 300 client not limited to fees for time
crew, foothold, spent and actual expenses, 301
remove during, failure to, 92 negligently maintained, 212 for plaintiffs prevailing on federal
warn, failure to, 92 pilot error, and state discrimination claims,
docking orders and vessel plans, crew member thrown overboard state law governs, 165
use of, wrong, 92 attempting to board other vessel, 12 improper in divorce actions, 213
heaving line, primary duty rule, attorney-client privilege,
insufficiently strong, 300 bars seaman’s recovery only where seaman inapplicable,
nonsettling defendants may not seek breaches duty consciously assumed as factual statements by corporate
contribution from settling defendants, term of employment, 253 employees who merely witnessed
44,252 safety procedures, conduct at issue, 93
placement of child near oscillating establish, failure to, class action suit,
windshield, 252 for handling toxins, 372 risk multipliers allowed in common fund
proportionate share approach, state could discontinue comp payments case, 373
governs effect of prior settlements on to seaman who settled Jones Act claim discharge,
liability of remaining defendants, 252 for same injury, 164 based on age,
safety procedures, warn, failure to, client liability for inducing, 13
establish, failure to, toxin exposure hazards, 372 malicious prosecution,
for handling toxins, 372 jurisdiction, retaliatory suit by defense attorney
stevedoring operations, applied where negligent installation of against opposing counsel’s firm, 253
dunnage, improper, 212 river pilings caused flooding, 12 retainer contract,
loading, negligent, 212 forum non conveniens doctrine, penalty clause,
training, inadequate, 164 state statute prohibiting application of discharged attorney may not enforce, 301
unseaworthy vessel, not preempted by federal law, 213 sanctions,
deck, Longshore and Harbor Workers’ disbarment,
hydraulic fluid leak, 332 Compensation Act, proper for dishonesty, 333
wash water tank, uncovered, 332 administrative law judges may not impose improper,
equipment, costs or attorney fees despite finding for inadvertently obtaining opposing
anchor pawl configuration, 373 claims unreasonable, 124 counsel’s memo, 45
crabbing, 300 longshoreman could sue vessel for open and Rule 11,
hydraulic controls, 300 obvious hazard created by foreign improper,
foothold, 212 stevedore, 124 for failure to disclose contrary expert
heaving line, maintenance and cure, opinion, 13
insufficiently strong, 300 benefits, denial of, 373 for inadvertent factual mistake, 46
lifeboat, seaman’s comparative negligence does not solicitation,
cable fitting, fractured, 332 affect amounts owed under, 92 direct-mail,
vessel operation, Florida’s 30-day ban violates free speech,
negligent, 164 Attorneys 214
warn, failure to, state bar,
toxin exposure hazards, 372 abuse of process, requirements that applicants disclose
water rescue drills, retaliatory suit by defense attorney mental health history and waive
conduct, failure to, 164 against opposing counsel’s firm, 253 confidentiality to medical records
Jones Act, advertising, violate ADA, 333
crew, inadequate, 44 direct-mail,
diving, First Amendment right to engage in
Automobile Accidents
occupational disease, not violated by restricting attorneys’
monitor for, failure to, 372 access to motor vehicle accident alcohol,
drydocking, reports, 45 minor,
crew, Florida’s 30-day ban violates free improper sale to, 167, 255
remove during, failure to, 92 speech, 214 association liability,
warn, failure to, 92 materials, highway median,
docking orders and vessel plans, in car dealers’ information packet to maintain, failure to, 167
use of, wrong, 92 purchasers, remove, failure to, 167
equipment, attorney may include, 165 dramshop liability,
anchor pawl configuration, use of CPA, CFP designations not golf course owner, 215
counterweights, lack of, 373 misleading, 374 nightclub owner, 255
excessive heavy lifting required, 373 agreements, driver negligence,
LR-3
Automobile Accidents - Civil Rights
centerline, crossed, 14, 167 negligent entrustment, 214, 334 fuel filter system, 336
collision, vehicle, maintain, failure to, 256 tail rotor system’s retaining washer, 217
avoid, failure to, 334, 336, 374 respondeat superior liability, operation of, negligent, 376
control vehicle, driver negligence, manufacturer liability,
failure to, 14, 94, 94, 126, 166, 214, brake, timely, design, defective,
214, 216, 302, 302, 336 failure to, 335 autopilot, 95
following too closely, 256, 334 collision, avoid, failure to, 336 flight surfaces,
intoxication, 125, 167, 215, 301, 375 control vehicle, failure to, 94, 94, 126, ice accumulation on, 95
lane change, negligent, 256 166, 336 helicopter fuel filter system,
lookout, improper, 14, 94, 166, 167, 216, edge of roadway, driving across, 127 allowed improper filter installation,
254, 254, 302, 302, 334, 334, 336, foggy conditions, driving in, 127 336
375, 376 following too closely, 256 helicopter tail rotor system,
red light, intoxication, 167,215 aluminum retaining washer,
heed, failure to, 216, 302 lane change, negligent, 256 corrosion tendency, 217
right-of-way, lookout, improper, 14, 94, 127, 140, 167 icy conditions, failure to handle
heed, failure to, 14, 166, 334, 334 254, 256, 302, 335, 336 properly, 95
speeding, 14, 47, 94, 166, 214, 215, 256, railroad crossing, pilot,
256, 302, 302, 374, 376 stop, failure to, 140 Federal Air Regulations,
stop sign, right-of-way, pilots held to standard of reasonable
heed, failure to, 46, 47, 47, 166, 255 heed, failure to, 14 care in exercising vigilance to avoid
traffic lanes, obstructed, 126 speeding, 94, 127, 166, 256, 256, 302, aircraft, 48
truck, 335 violation of, 48
brakes, 216 stop sign, heed, failure to, 255 flight procedures, proper,
operation of, negligent, 216 traffic lanes, obstructed, 126 follow, failure to, 48
operation of, unsafe, 216 truck operation, 216 operation, negligent,
cross arms, U-turn, airplane, 95, 257
load and secure, failure to, 216 illegal, 166 helicopter, 376
red-flag, failure to, 216 warnings, relay of false coordinates to ground
inspect, failure to, 93 to oncoming traffic, control, 127, 168, 303
maintain, failure to, 93, 216 provide, failure to, 126 violation of Soviet air space, intentional,
steering wheel, excessive free play, 93 yield to approaching train, 127, 168, 303
U-turn, failure to, 140
illegal, 166 right-of-way, Civil Rights
warnings, heed, failure to, 14
to oncoming traffic, yield to oncoming traffic, affirmative action plan,
provide, failure to, 126 no duty for shopping mall pedestrians, 46 unlawful, 218
employer liability, road builder liability, AIDS,
brake, timely, highway median, law firm associate with,
failure to, 335 crashworthy, failure to make, 167 discrimination against, 145
employee, intoxicated, design, negligent, 167 ambulance company,
from alcohol provided by employer, 215 permit, failure to obtain, 167 negligent response time, 217
prevent from driving, failure to, 126 social host liability, children,
entrustment, negligent, 167, 334, 336 minors, medical treatment,
following too closely, 256 underage, involving blood products,
hiring, negligent, 93, 125, 254 service of alcohol to another minor, 14 mature minor’s right to refuse, 15, 304
lane change, negligent, 256 withholding in favor of spiritual remedy,
lookout, improper, 215, 254, 256, 302, Aviation liability for, 95
335 drug testing,
peculiar risk doctrine, Airline Deregulation Act, random,
driver negligence, liability for, 93 airline services under, unconstitutional, 49
retention, negligent, 93, 215 airplane’s unsafe condition does not 42 U.S.C. § 1981(a),
speeding, 256, 256, 302, 335, 374 relate to, 15 woman applicant,
stop sign, failure to heed, 255 airline liability, hire, failure to, 128
supervise, failure to, 166 deceptive trade practices act, 42 U.S.C. § 1982,
train, failure to, 166, 214 violation of, 48 housing discrimination,
truck safety, de-icing, negligent, 336 de minimis damages,
brakes, maintain, flight crew negligence, successful plaintiffs entitled to more,
failure to, 216 coffee spill on passenger, 168 127
determine, failure to, 93 disrobing of passenger in public, 168 42 U.S.C. § 1983,
dump truck, pilot error, 95, 257 corrections officers,
negligent conversion, 215 flight data recorder, excessive force,
See also respondeat superior liability recovery of, intervene, failure to, 218
evidence, set aside judgment based on, motion to, procedures to prevent,
spoliation, 214 denied, 304 failure to implement, 218
owner liability, government liability, county,
lookout, improper, 375 weather information, inadequate, 303 excessive force,
lumber, loading of, heli A intervene, failure to, 218
negligent, 373 defective, procedures to prevent,
Civil Rights - Cor.sumer Protection
failure to implement, 218 applicable to, 169 psoriasis products distribution agreement,
firearm handling, negligent, 257 insurer, services, provide, failure to, 377
hiring, negligent, 257 discriminatory loss-control program, 218 training, provide, failure to, 377
supervision, negligent, 257, 376 landlords, wooden arms for chairs, to provide,
training, negligent, 257, 376 marital status discrimination act, defective arms, 378
county administrator, no summary judgment where record did conversion,
excessive force, not show if state had sufficient interest partnership proceeds, 16
intervene, failure to, 218 to burden religious beliefs, 337 copyright,
procedures to prevent, municipality liability, fair use doctrine,
failure to implement, 218 investigate, failure to, 217 not exception under,
deputies, jail suicide, establish regulations and policies photocopying of trade newsletter, 96
arrest, no probable cause, 376, 377 on, failure to, 217 infringement,
assault, 376, 377 police training, inadequate, 217 photocopying for in-house distribution,
battery, 376, 377 police training, trade newsletter, 96
confession, coerced, 376, 377 inadequate, 218 defamation,
emotional distress, real estate advertisements, false accusation of diversion of funds, 305
intentional, 377 discriminatory, 169 economic relationship,
negligent, 376 State, tortious interference with, 16, 96, 128,
excessive force, 376 retention of child abuse report, 171, 338 ,
prosecution, malicious, 377 no violation of Fourteenth Amendment, fraud,
municipality, 337 plumbing products,
bystander emotional distress, 217 exclusive distribution rights, 306
false arrest, 217 Commercial Litigation psoriasis products distributorship,
Fourth Amendment violations, 217 profitability of, 377
police, abuse of process, real estate investment, 259
bystander emotional distress, 217 suit filed against former partner, tool dealership start-up costs, 258
domestic disturbance, authority, lack of, 305 good faith and fair dealing, duty of,
shooting during investigation of, 169 claims, groundless, 305 breach of,
false arrest, 217 Clayton Act, franchisor price setting, 339
Fourth Amendment violations, 217 pricing discrimination, 96 misrepresentation,
liability for assault on motorist, 49 conspiracy, gift item distributor partnership,
suicidal arrestee, to breach contract, 50 denial of, 16
hospitalize, failure to, 217 contract, breach of, medical products distributor,
place on suicide watch, failure to, accounting joint venture agreement, 259 inability to carry out contracts, 338
217 dissolution agreement, mortgage availability for real estate
training, inadequate, 218, 257 seafood brokerage company, investment, 259
prison officials, refusal to pay creditors, 305 tool dealership start-up costs, 258
prison guards, unauthorized check-writing, 305 patent,
training of, improper, 170 electronic parts distribution agreement, infringement of,
prisoner, direct sale to distributor’s customer, catheter design, 170
no recovery for allegedly 128 highway barrier construction method, 129
unconstitutional conviction unless solicitation of customer, 128 Robinson-Patman Act,
conviction invalidated, 305 farm equipment repurchase agreement, pricing discrimination, 96
psychiatric treatment, buy back inventory, failure to, 219 securities act, violation of,
provide to inmate, failure to, 170 gift item distributor partnership, real estate investment, 259
school, pay profits and commissions unfair competition,
policy requiring students to obtain due under agreement, failure to, 16 sabotage of competing newspaper, 16
approval before distributing written grapefruit seed extract product unfair trade practices act, violation
materials unconstitutional, 257 distribution contract, of,
sheriff, direct sale to distributor’s customer, psoriasis products distributorship,
arrest, no probable cause, 377 171 profitability of, 377
assault, 377 jewelry store franchise agreement, tool dealership start-up costs, 258
battery, 377 inventory, repurchase, failure to, 339 warranty, breach of,
confession, coerced, 377 promotions, training, services, express,
emotional distress, merchandise, warranties, wooden chair arms, 378
intentional infliction of, 377 provide, failure to, 339 implied,
prosecution, malicious, 377 medical products distributorship agreement, fitness for a particular purpose,
supervision, negligent, 376 direct sale to distributor’s customer, paper mill suction press rolls, 171
training, negligent, 376 attempted, 338 wooden chair arms, 378
state trooper, “gray market” products,
excessive force, 28 allowed in distributor’s territory, 338 Consumer Protection
42 U.S.C. § 1988, inadequate handling of orders, 338
attorney fees, newspaper printing contract, Air(lAinDeA )D,e regulation Act
no recovery of, meet specifications, failure to, 16
plaintiffs who obtain injunction but plumbing products distribution agreement, no preemption,
lose appeal on the merits, 258 termination of relationship, 306 state consumer fraud claims,
heightened pleading standard, prototype developer-manufacturer agreement, frequent flyer program,
suits involving government officials, pay profits under, failure to, 50 modification of, 129
LR-5
Consumer Protection - Employment Law
automobile advertising, noneconomic damages, after-acquired evidence defense no bar to
regulation prohibiting use of “invoice,” Colorado, total recovery, 381
First Amendment, no violation, 306 limits amounts owed by defendants after staff reorganization, during, 341
collection agency, fault apportionment, not plaintiff's Civil Rights Act of 1991,
payment request, total recovery, 172 does not apply retroactively, 220
Fair Debt Collection Practices Act punitive damages, sex discrimination, 261
(FDCPA), California, contract, breach of,
no violation of, 17 constitutional, 172 implied, 98, 308, 341, 380
Michigan Collection Practices Act Georgia, sales commissions, 220
(MCPA), statute granting state 75 percent of emotional distress,
no violation of, 17 punitive awards in products cases, intentional infliction of,
conversion, constitutional, 131 discharge, manner of, 98
of exotic cars, 17 state governmental agencies’ liability, retaliation,
dangerous animals, Missouri, for sexual harassment claim, 342
sale of, 172 constitutional, 98 fraud,
Employee Retirement Income Security Act Utah, sales commissions,
(ERISA), constitutional, 130 pay, failure to, 220
no preemption of state deceptive trade consortium, loss of, handicap discrimination,
practices act claim, 51 filial, Americans with Disabilities Act (ADA),
Fair Debt Collection Practices Act Florida, AIDS,
(FDCPA), parents’ recovery allowed, 379 HIV-status,
additional statutory damages, parental, protected, 381
recovery of, Montana, infertility treatments,
$1,000 per action, limit of, 219 not limited to quadriplegic injuries, employee fired for absences due to,
no violation of, 17 protected, 380
collection agency, payment request, 17 emotional distress, lupus,
violation of, bystander recovery, teacher with absences due to lupus and
collection agency, may extend to unmarried cohabitants in her son’s disease was not “qualified
letters stating recipient may be New Jersey, 260 for her position” under ADA, 381
subject to possible legal action, punitive damages, Rehabilitation Act,
50 breast implant plaintiff, awarded to, obesity may qualify as protected
unsophisticated consumer standard not excessive, 379 handicap, 53
governs, 339 Florida, investigation, negligent,
Federal Credit Union Act (FCUA), prior awards do not bar subsequent awards after sexual harassment claim, 380
common bond provision, against same defendant for same Jury Systems Improvement Act (JSIA),
allows members of unrelated groups to conduct, 340 violation of, 131
join same credit union if each has own taxation of, noncompetition covenant,
common bond, 378 federal, 340, 340, 340 unenforceable,
Lanham Act, Texas, where employment at will, 52
consumers bringing false advertising bad faith action, Pregnancy Discrimination Act (PDA),
claims, defendant must have actual awareness infertility treatments,
standing, lack of, 130 of extreme risk of conduct, 260 employee fired for absences due to,
National Bank Act (NBA), Title VII damages, protected, 380
unconstitutional, 97 excludable from gross income, 173 plaintiff fired for using sick leave need
interest rates, credit card companies’ tort recoveries, not show nonpregnant workers were
home states, collateral benefits, deduction of, treated better, 380
out-of-state customers, charge to, statute requiring, restaurant manager, 261
97 unconstitutional, race discrimination,
Truth in Lending Act (TILA), Ohio, 307 no-beard policy,
applies to, hospital may not refund state Medicaid disparate impact on African-Americans, 98
pawn arrangements purporting to be sales, payment to file suit against formerly opposition to,
97 indigent patient, 220 retaliatory discharge, 18
unfair and deceptive trade practices tax considerations, reverse discrimination,
acts, prejudgment interest, superior qualifications allegation
private homeowner exemption, not taxed, 340 constitutes sufficient background
inapplicable, 260 taxed, 340 circumstances to support claim, 132
violation of, punitive damages, religious discrimination,
Illinois, 51 not taxed, 340 employee fired for discussing possible
Massachusetts, 17 taxed, 340, 340 abortion, 174
Texas, 172 Title VII damages, retaliatory discharge,
not taxed, 173 for filing workers’ compensation claim,
Damages 307, 308, 308
Employment Law for opposition to race discrimination, 18
cap, for sexual harassment allegation, 342, 380
medical negligence damages, after-acquired evidence, sex discrimination,
South Dakota, Third Circuit rejects as total bar to hostile environment,
does not apply to medical recovery under Title VII and ADEA, 381 correctional officer, 342
corporations, 51 age discrimination, employee fired for discussing possible
LR-6
Employment Law - Government Liability
abortion, 174 Evidence for living expenses, 176
employer may be liable under agency order,
principles despite prompt effort to admissible, no modification, by other state without
remedy environment, 174 American National Standards Institute statement of intent, 132
pregnancy discrimination, 261 advisory standards, 53 payment, not required,
sexual epithets, use of, expert testimony that Prolastin probably parent whose sole income is supplemental
may violate Title VII despite equal would have improved patient’s condition, security, 383
abuse against males, 341 382 income,
sexually suggestive materials, 342 expert testimony where expert had altered may be imputed to custodial stay-at-home
supervisor’s derogatory remarks, 342 saw, 175 mother, 310
Title VII plaintiffs need not prove individually self-inculpatory statements insurance proceeds,
psychological damage, 18 within declarant’s narrative, 263 recovery of,
promote, failure to, 262 occupational safety laws, 53 by woman who contributed to
quid pro quo, opinion testimony by police officer trained improvement of home titled in
correctional officer, 342 in use of “Drug Recognition Protocol,” ex-husband’s name, 55
plaintiff need not show economic loss, 308 marital property,
174 videotaped computer-generated animation, employer-funded vested profit-sharing plan,
supervisor threatened employee with illustrating expert’s theory, 19 344
termination, 342 inadmissible, enhanced early retirement benefit, 383
retaliation, causation testimony, enhanced pension benefit, 133
for discussing possible claim, 342 based on solely personal observation, 175 military retirement benefits, 344
for making sexual harassment claim, 380 not based on scientifically valid post-separation severance payment, 309
Title VO, methodology, 381 stock options,
after-acquired evidence defense not total privilege, vesting after divorce, 99
bar to recovery, 381 communications between partnership’s lawyer necessaries’ rule,
race discrimination, and independent consultant, 221 applies retroactively to wives in Rhode
no beard policy, communications-to-clergy, Island, 176
disparate impact on African-Americans, communicant’s identity, disclosure barred, parental rights, termination of,
98 263 without clear proof of parental
reverse discrimination, nonpenitential communications, potential unfitness, no violation of equal
superior qualifications allegation protection, 309 protection, 19
constitutes sufficient background waiver, clergy only, 343 pension plan,
circumstances for claim, marital-communications, valuation of, 222
132 inapplicable, separate property,
religious discrimination, letter in third party’s possession, 343 dependency exemptions for children, 264
employee fired for discussing possible physician-patient, early retirement subsidy, 176
abortion, 174 sanction barring evidence of party’s fire fighter’s disability pension, 344
sex discrimination, physical condition after party asserts trusts, income distributions from, 133
hostile environment, privilege, shareholder interest, valuation of,
correctional officer, 342 inapplicable at deposition, 342 accounts receivable, not included, 264, 323
employee fired for discussing possible works in progress, not included, 264, 323
abortion, 174 Family Law
employer may be liable under agency Government Liability
principles despite prompt effort to adoption,
remedy environment, 174 permissible, county /municipal liability,
plaintiffs need not prove psychological same-sex couple, 99 defective condition, failure to cure,
damage, 18 alimony, water meter cover, unsecured, 177
pregnancy discrimination, 261, 380 jury verdict awarding wife funds held by fire truck driver negligence, 57
sexual epithets, use of, husband’s attorney in escrow not alimony, nuisance actions,
may violate Title VII despite equal 55 converted dump site,
abuse against males, 341 annulment action, large pits, 384
sexually suggestive materials, 342 survives spouse’s death, 222 sovereign immunity no bar, 134
supervisor threatened employee with broken engagement, police torts,
termination, 342 damages, recovery of, 222 chemical spray, use of, 56
promote, failure to, 262 child custody, excessive force, 56
retaliation, determination of, medical care, inadequate, 56
for discussing possible claim, 342 parents’ religion not relevant to, 19 possible duty to prevent property owner
for making sexual harassment claim, 380 statute granting custody to gestational from building fence too close to road, 57
workers’ compensation act, mother, unconstitutional, 343 premises,
retaliatory discharge, child support, “No Diving” sign,
for filing workers’ compensation claim, collection of arrearages, post, failure to, 20
307, 308, 308 estoppel of, sidewalk,
wrongful discharge, deliberately concealing children from maintain, failure to, 100
due process violation, obligor parent, 54 railroad crossing,
county building permits official, 52 computation, military allowances included, active signals, install, failure to, 223
protected speech, 382 obstructions, remove, failure to, 223
required inquiry into what employer non-custodial mother, obligation of, stop sign, install, failure to, 223
reasonably thought was said, 262 based on in-kind income husband provides road,
LR-7
Government Liability - Medical Negligence
“Keep Right” sign, claim for stolen goods, denial of, 346 infliction of, 225
maintain, failure to, 223 life insurance policy, false arrest and imprisonment,
intersection, waiver of payments, stealing, interrogation of employee,
sight distance, inadequate, 345 disability, in event of, for possible theft by security company
traffic signal, removal of, negligent, honor, failure to, 385 personnel, 21
345 emotional distress, infliction of, false light,
subways/trains, intentional, for implying competitor was involved
rail, failure to de-energize, 310 disability benefits, denial of, 385 in illegal drug activities, 180
water and sewer services, family member exclusion, invasion of privacy,
connect, failure to, 345 Texas, ibetlh,r eatening phone calls, 225
state liability, automobile liability insurance policies,
intersection, void, 135 defendants who conceal identities may be
advance warning, failure to provide, 100 fidelity bond, estopped from asserting statute of
signage, obscured, 100 pay claim under, failure to, 179 limitations defense, 347
mower, highway, fraud, notice accusing employee of theft,
operation of, negligent, 265 health insurance, sale of, posted, by employer, 101
prisons, duplicating Medicaid coverage, 310 state personnel tell press pesticide study
security procedures, frivolous claims, participants overexposed, 386
implement, failure to, 56 insurer liability for bringing, tabloid republishes accusations that
supervision, negligent, 56 malicious prosecution, 20 plaintiff assassinated Robert F. Kennedy,
road, unfair trade practices act violations, 20 266
cable, unmarked, strung across, no-fault coverage, malice,
negligent, 177 recovery for carjacking victim, 179 by insurance company, 347
special defect, 177 pension plan assets, nuisance,
curve, held in insurer’s general account, threatening phone calls, 225
condition of, dangerous, 134 governed by Employee Retirement Income qualified journalist’s privilege,
warning, inadequate, 134 Security Act (ERISA) fiduciary applicable to book author, 59
rocks, remove, failure to, 264 standards, 101 sexual battery,
trees, punitive > minister, 266
inspect, failure to, 384 business insurer liable for Sunday school teacher, 312
maintain, failure to, 384 despite exclusion for penalties, 57 slander per se,
remove, failure to, 384 disability insurer liable for denying by gas station competitor, 180
benefits under conditional policy, 385 by insurance company, 347
Insurance health insurer liable for denying cancer by state personnel, 386
treatment as experimental, 178 statute of limitations,
bad faith, uninsured /underinsured motorist new statute reviving time-barred abuse
claim, coverage, claims unconstitutional, 311
assignment of, claim, suicide,
honor, failure to, 224 in amount equal to liability coverage, liability of intentional tortfeasor, 312
denial of, offer, failure to, 225
boiler and machinery coverage policy, police officer shot while approaching Medical Negligence
pay claim under, failure to, 224 stopped vehicle, 265
for cancer treatment, 178 refusal to pay, 311, 311, 311 1. Specific Misconduct
stolen goods, 346, 346 policy clause making arbitration awards
fidelity bond, above financial responsibility law limit anesthesiology,
pay claim under, failure to, 179 nonbinding is void, 346 anesthesia, management of, improper, 22
investigate, failure to, intubation, improper, 348
first-party property policy insured has monitoring, improper, 348
Intentional Torts
no action for, 58 supervise, failure to, 22
fraud by insured, allegation of, 346 arson, cardiovascular,
uninsured motorist claim, 135 by store owner, 387 congestive heart failure,
negotiate, failure to, 135 battery, diagnose, failure to, 388
payment of, delayed, 58 AIDS virus, coronary artery disease,
payment of, insufficient, 58 wife transmits to husband, 180 diagnose, failure to, 388
settle, failure to, husband kicks wife, 135 surgery,
primary insurer’s duty, husband shoots wife, 225 coronary bypass graft,
excess insurer exposure, 385 defamation, negligent, 227
insured exposure, 385 conflict-of-interest accusations clinic liability,
uninsured motorist claim, 311 against life-flight pilots, cancer,
contract, breach of, ‘by hospital director, 180 breast,
disability insurance policy, false complaint of police misconduct, 225 diagnosis of, delayed, PN-4
conditional agreement, published letter to newspaper editor, not, cardiology,
benefits, denial of, 385 387 aortic valve stenosis,
health insurance policy, unnecessary repairs allegation against diagnose, failure to, 60
cancer treatment coverage, denial of, 178 electronics shop by news program, 59 internal medicine,
health coverage after daughter’s heart economic relations, aortic valve stenosis,
attack, denial of, 386 interference with, 225 diagnose, failure to, 60
homeowner policy, obstetrician at delivery,
LR-8
Medical Negligence
provide, failure to, PN-3 breast cancer, infant,
ophthalmology, diagnose, failure to, 22 delivery, attend, failure to, 268
glaucoma, laparoscopy, delivery, negligent, 102, PN-3, 227
diagnose, failure to, 269 ureter, burned, 227 macrosomic,
compensation fund liability, hospital liability, diagnose, failure to, PN-3
Louisiana, anesthesiology, monitor, failure to, 60
coronary bypass graft, negligent, 227 intubation, improper, 348 twin delivery,
cytotechnology, monitoring, improper, 348 cesarean section,
cervical cancer, emergency medicine, perform, failure to, 181
diagnose, failure to, 60 Emergency Medical Treatment and Active traction, lateral,
Pap smear, misread, 60 Labor Act (EMTALA), 42 U.S.C. improper use of, 268
dermatology, § 1395dd, vacuum extraction,
biopsy, adequate, pregnant patient, performance of, negligent, PN-3
perform, failure to, 181 admit, failure to, 181 ophthalmology,
squamous cell carcinoma, screen patient, failure to, 313 neuroblastoma,
diagnose, failure to, 181 patient, diagnosis, delayed, 388
diagnose, failure to, cerebral aneurysm, pathology,
aortic valve stenosis, 60 recognize, failure to, 269 cervical cancer,
bacterial endocarditis, 268 intubate timely, failure to, 22 diagnose, failure to, 60
cancer, stroke symptoms, premonitory, pediatrics,
breast, 22, 268 diagnose, failure to, 348 bacterial endocarditis,
cervical, 60 general practice, differentially diagnose, failure to, 268
coion, 60 cardiac distress, Group B Strep,
lung, 269 diagnose, failure to, 313 blood-gas testing, order, failure to, 348
squamous cell carcinoma, 181 heart defects, diagnose, failure to, 348
cerebral aneurysm, 269 diagnose, failure to, 269 treat, failure to, 348
congestive heart failure, 388 tuberculosis exposure, meningitis,
coronary artery disease, 388 treatment of, improper, 313 bacterial,
gestational diabetes, PN-3, 268 nursing negligence, diagnose, failure to, 181
glaucoma, 269 blood pressure, control, failure to, 269 pneumococcal,
Group B Strep, 348 feeding tube, insertion of, negligent, 102 diagnose, failure to, 348
heart defects, 269 fetal distress, recognize, failure to, 60 neuroblastoma,
macrosomic infant, PN-3 monitoring, improper, 348 diagnosis, delayed, 388
meningitis, Pitocin, administration of, improper, 60 plastic surgery,
bacterial, 181 suction infant, failure to, 227 rhinoplasty,
pneumococcal, 348 tuberculosis exposure, informed consent, lack of, 268
stroke symptoms, treatment of, improper, 313 psychiatry,
premonitory, 348 psychiatry, depression,
diagnosis, delayed, depression, discontinue medications, 269
cancer, medication, discontinue, tardive dyskinesia,
breast, 60, PN-4 failure to, 269 recognize, failure to, 269
neuroblastoma, 388 tardive dyskinesia pulmonology,
drugs, recognize signs, failure to, 269 lung cancer,
antibiotics, intravenous, 181 resident negligence, diagnose, failure to, 269
Demerol, 102 Tegretol, administration of, improper, 388 radiation oncology,
morphine, 181 staff negligence, radiation therapy,
Pitocin, 60 Demerol, administration of, improper, performance of, improper, 60
Tegretol, 388 102 radiology,
see also the Products Liability Law Reporter internal medicine, breast cancer,
emergency medicine, gastrointestinal cancer, diagnose, failure to, 268
antibiotics, intravenous, diagnose, failure to, 227 diagnosis of, delayed, 60
administer, failure to, 181 laparoscopy, mammogram,
patient, intubate timely, failure to, 22 laparoscopic cholecystectomy, misread, 268
X-ray, review of, improper, 102 negligent, 388 resident negligence,
general practice, neurosurgery, guide wire,
cardiac distress, surgery, negligent, remove, failure to, 102
diagnose, failure to, 313 spinal, 22 urology,
colon cancer, obstetrics, morphine,
diagnose, failure to, 60 cesarean section, perform, failure to, 313 administration of, negligent, 181
gastrointestinal cancer, twin delivery, 181
ll. Medical Legal Theories
diagnose, failure to, 227 fetal weight, clinically estimate,
specialist, refer to timely, failure to, 22 expert medical witness,
failure to, 181 forceps delivery, no liability,
general surgery, negligent, 22 for changing testimony on stand, PN-4
patient, intubate timely, failure to, 22 gestational diabetes, HIV-positive patient,
gynecology, diagnose, failure to, PN-3, 268 blood transfusions,
abortion, Group B Strep, wrongful death,
performance of, negligent, 313 diagnose, failure to, 348 physician liability for despite unknown
LR-9
Medical Negligence - Premises
risk, 268 lane height, change in, detention of, negligent, 228
physician’s disclosure of, barricade, failure to, 182 timber operations,
punitive damages, liability for, 22 warn of, failure to, 182 truck unloading, negligent, 389
informed consent, work zone,
possible liability, flag, properly, failure to, 103
Premises
patient’s questions, highway crossing,
answer fully, failure to, 102 stop, full, failure to make, 103 bank liability,
rhinoplasty, 268 camp liability, inadequate security,
notice, hockey, automatic teller machine, 104
parents’ failure to timely give, prohibit play between disparate ages, night depository, 63
does not preclude child’s suit, 268 failure to, 270 building owner liability,
res ipsa loquitur, elevator maintenance company liability, crime, warnings of,
radiologist’s negligence, maintenance, negligent, 228 inadequate, 185, 230, 231
patient could not use to establish, 102 employer liability, dog,
statistical life expectancy, assault, control, failure to, 104
physician’s disclosure of, by towing service employee, 229 regulations,
not required for informed consent, 22 employee intentional torts, enforce, failure to, 104
vicarious liability, hiring, negligent, 228, 229 drug activity,
of hospital, respondeat superior liability, 228 neighbors may recover under nuisance
for independent contractor physician, guidelines, theory, 137
PN-3 establish, failure to, 229 elevator,
for physicians’ failure to diagnose Group murder, maintenance, negligent, 352
B Strep, 348 by carpet cleaner, 228 fire,
farmer liability, residential,
lll. Medical Negligence Statutes
maintenance, negligent, double-keyed lock,
damages, field cultivator, 389 use of, negligent, 137
failed sterilization, funeral home liability, window bars, non-release,
parents could recover other than child- grave location, negligent, 62 use of, negligent, 137
rearing expenses, 388 gun dealer liability, fire escape,
mitigate, assault, blocked access to, 24
by undergoing additional surgery, minors, fire protection devices,
plaintiff has no duty to, 60 admission without supervision, 182 provide, failure to, 24, 272
limitations period, sale of ammunition to, 182 inspect between tenancies,
battery claim against physician, secure handguns, failure to, 182 failure to, 271
falls under, 227 moving company liability, key control,
cancer, metastasis of, leveling legs, inadequate, 389 inadequate, 185
triggered by, 22 strap equipment onto liftgate, lead poisoning, 391, 391
Louisiana, negligent, 389 locks,
failure-to-warn claim against warn, failure to, change between tenancies, failure to, 137
psychiatrist, stand back, 389 dead-bolt,
not covered by, 348 parade trailer, install, failure to, 185
secure to towing vehicle, double-keyed lock,
Negligence inadequate, 390 use of, negligent, 137
restaura/nbatr liability, security, inadequate, 23, 64, 104, 137,
animals, food preparation, negligent, 270 185, 230, 230, 231
dog attack, retirement center liability, sliding glass door,
statutory strict liability, 23, 350 resident neglect, 136 maintain, failure to, 271
automobiles, staff training, inadequate, 136 stairs,
repair, negligent, scuba diving, exterior,
alignment, improper, 229 dive site selection, negligent, 349 pine needles,
axle, bent, 229 sexual abuse, remove, failure to, 351
testing, inadequate, 229 minor, swimming pool,
boating, failure to recognize abuse would cause drain cover,
manufacturer liability, psychological injury, 271 inspection, negligent, 63
warn, failure to, skating rink liability, installation, negligent, 63
boat setup, 136 remove skater, failure to, 270 fence,
kill switch operation, 136 rink rules, enforce, failure to, 270 inspect, failure to, 392
operator liability, ski resort liability, repair, failure to, 392
operation, negligent, 136, 349 snowmobile operation, negligent, 62 light,
warn, failure to, s maintenance, negligent, 184
against sitting in bow, 349 avoid collision, failure to, 349 tenants,
owner liability, Colorado Ski Safety Act, dog,
instruct, failure to, 136 violation of, 349 control, failure to, 104
operator’s negligence, liability for, 136 soccer club liability, evict, failure to, 23
supervise, failure to, 136 portable goal, screen, failure to, 23
seller liability, anchor, failure to, 314 vacation property,
setup, improper, 136 store/business owner liability, warn, failure to,
builder /contractor liability, shoplifter, seasonal high surf conditions, 392
LR-10