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12 May 2009, 11:41 am
Thing set forth the three requirements for the bystander cause of action for negligent infliction of emotional distress: [A] plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if, but only if, said plaintiff: (1) is closely related to the injury victim; (2) is present at the scene of the injury-producing event at the time it occurs and is then aware that it is causing injury to the victim; and (3) as a… [read post]
12 May 2009, 6:16 am
Bystanders pulled her out from under the vehicle. [read post]
10 May 2009, 11:49 am
As in an automobile accident - the bystanding relative does not have to know the driver is intoxicated to know a car is causing injury. [read post]
9 May 2009, 7:37 am
To put things in perspective, in 2005, 11,346 people were killed by gun violence in the United States and no travel warnings for America were issued vs. the roughly 2,100 people killed by Mexico's drug war in the last two years, the majority of those being police, military and drug dealers, not bystanders or tourists. [read post]
7 May 2009, 11:58 am
Finally, Jansen was decided before the Supreme Court decision in Ochoa which specifically allowed for bystander emotional distress recovery when a parent witnesses the lack of medical care - and sees the deterioration of the child. [read post]
7 May 2009, 9:56 am
The alternatives Kennedy suggests, however, would be acceptable to him even if they achieved the exact same result as the ones he voted to invalidate in Parents Involved.Lawyers and legal scholars prefer to call Kennedy's opinion "doctrine," but if it defines the boundaries around which acceptable policy can operate, the opinion is not a passive bystander in policy debates regarding educational diversity. [read post]
5 May 2009, 1:56 pm
When buses are involved in accidents, there may be multiple parties at fault for passenger or bystander injuries or deaths. [read post]
5 May 2009, 12:05 pm
The trial court found that plaintiffs could not recover as bystanders to the child's injury, since there was no contemporaneous observation. [read post]
4 May 2009, 4:51 pm
Whether the victims are workers or bystanders, construction sites can be extremely dangerous. [read post]
4 May 2009, 9:35 am
And yet it seems that nearly every week someone (usually an innocent bystander, public servant, or local resident) is exposed. [read post]
3 May 2009, 6:29 pm
Donahan, a truck driver, was an innocent bystander who just happened to be there when Bulger and another person decided to shoot Halloran. [read post]
2 May 2009, 12:24 pm
We permitted the mother, who observed the neglect and recognized it as harming her son, to sue as a bystander for NIED [negligent infliction of emotional distress]. [read post]
29 Apr 2009, 2:24 am
”)), this would seem to afford certain bystanders a cause of action in strict liability under the circumstances here; but it arguably would create a much more balanced version of strict liability, as well. [read post]
28 Apr 2009, 11:15 am
Some of his testimony early in the day was public, but when it got down to meaty questions about the specifications of DVD copy protection, courtroom bystanders got the heave-ho. [read post]
25 Apr 2009, 8:53 am
The precipitating explosion can result in serious burn injuries to users or bystanders. [read post]
22 Apr 2009, 6:15 am
Pa. 2005), the court held that, because non-user bystanders were only "foreseeable" plaintiffs, there was no strict liability where the plaintiff was not a user of the product. [read post]
17 Apr 2009, 1:49 pm
According to the newspaper, Knight told a bystander that just before the accident, he had reached over the dash and flipped open the phone, then looked back at traffic. [read post]
17 Apr 2009, 7:08 am
Nationwide Mutual, No. 07-0760, a case about whether insurance covers damage caused to bystanders by a person fleeing police in a high-speed chase. [read post]
10 Apr 2009, 4:41 pm
The pain is even more searing when the loved one is an innocent or a bystander whose life is cut short by a vicious crime.But, does the death-penalty truly serve as a deterrent? [read post]
6 Apr 2009, 3:53 pm
The prying curiosity of nosy bystanders like me sadly will go unfulfilled. [read post]
