torts negligence cases

tremblay v kimball

pharmacist must possess ordinary knowledge and skill

stupid mistake → negligent

(does not need to be extraordinary or smartest pharmacist)

riff v morgan pharmacy

pharmacists have duty to warn

failure to warn about potential risks associated with prescribed drug → liable

“but for the actions of the pharmacist, would the patient have ben injured“

in re kinsman transit co

proximate cause, chain of causation, foreseeability, jointly and severally liable

initial negligence caused chain of events which resulted in foreseeable risk to public

palsgraf v long island railroad

no foreseeability (limiting duty of care), no liability

summers v tice

alternative liability - multiple defendants, burden of proof shift to defendants

jointly and severally liable, both negligent

portee v jaffee

parent can recover for emotional distress caused by negligence that lead to injury of another

psychological injury to a parent witnessing the violent death of her child is clearly foreseeable

tj hooper

custom does not dictate standard of care

no radio = unseaworthiness

tugboat tower → negligent