Torts 8 - Negligence: Damages and Appointment

Smith v. Leech Brain & Co. Ltd.

Guy gets molten metal burn on lip, gets cancer from burn and dies. Co says it wasn’t foreseeable.

Defendant may be liable for compensatory damages in negligence where victim’s injury was foreseeable, even if extent of it was not.

Kenton v. Hyatt Hotels Corp.

Huge hotel disaster.

Award of compensatory damages is not excessive where it relates to nature, extent of injures, age, present/future economic loss, and comparable cases.

National By-Products, Inc. v. Searcy House Moving Co.

Truck driver kills two in crash, truck overweight, didn’t try to stop.

Punitive damages requires evidence defendant proceeded knowing they were likely to cause injury.

Mathias v. Accor Economy Lodging, Inc.

P gets bed bugs at Motel 6, sues saying Motel knew of infestation and hadn’t acted.

Punitive damages are not excessive just because it exceeds the ratio to compensatory damages by more than single digits.

Taber v. Maine

Navy guy D gets drunk while on leave, drives and crashes into Navy guy P. P sues US, they are vicariously liable.

US may be held vicariously liable for actions of service members cause injury offsite after drinking onsite.

Ravo v. Rogatnick

Baby has brain damage during delivery, sues both doctors but doesn’t know what part was caused by each.

Joint and several liability - multiple parties liable for harm without evidence who contributed most, they may be held jointly and severally liable.

Bencivenga v. J.J.A.M.M., Inc.

Guy gets punched at club, sues club for not stopping it when they had the chance. Club has to pay even though the assailant is not in court.

Joint liability may not be apportioned to a fictitious defendant who is not party to a suit.

Interinsurance Exch. of the Automobile Club v. Flores

Guys shoot dude out of a van, insurance company scared they’re gonna have to cover injuries cus it “arose out of use of the van.”

Insurer only required to pay for a claim against insured that plausibly might fall within the insurer’s promise to indemnify.