Third Edition - What's New
5 NEW CHAPTERS
Amusement Parks
Liability of Operator
Liability for Punitive Damages
Conflict of Laws in Tort Cases
Generally
Federal Employers’ Liability Act (FELA)
Generally – Liability
Interference with and Mishandling Human Remains
Generally
Damages
Who is Entitled to Maintain Action
Negligent Bailment
Generally
73 NEW SECTIONS ADDED TO EXISTING CHAPTERS
Animals
Harboring Wild Animals
Attorney’s Fees
Apportionment of Fees in Cases with Workers’ Compensation Subrogation Interest
Contingency Fees
Bad Faith Failure of Insurer to Pay First Party Claim (Statutory Cause of Action)
Effect of Misrepresentation by Insured in Proof of Loss
Necessity of Giving Notice of Intention to Seek Penalty
Causation
Loss of Chance
Comparative Fault
Allocation of Fault to Defendant Dismissed Before Trial
Confidential Relationship
Difference Between Fiduciary Relationships and Confidential Relationships
Conspiracy
Conspiracy is Not a Cause of Action
Damages
Collateral Source Rule
Damage Award in Excess of Ad Damnum
Damages in Cases Involving Death of Spouse or Parent
Impact of Death of Plaintiff After Verdict
Loss of Consortium Claim for the Death of a Child
Loss of Consortium (Personal Injury Cases)
Mitigation of Damages
Duty
Duty of Railroad to Maintain Visibility at Crossings
Duty of Teachers and Schools
Expert Witnesses
Adequacy of Expert Witness Disclosure
Limited Use of Discovery Deposition of Experts
Fraud
Duty to Disclose
Reasonable Reliance
Governmental Tort Liability Act
Duty of Teachers and Schools
Limitation of Actions for Claims by Minors
Qualified Immunity
Gross Negligence
Definition of Gross Negligence
Gross Negligence and Exculpatory Clauses
Impact of Gross Negligence on Comparative Fault Allocation
Punitive Damages Not Permitted in Cases Where Defendant is Grossly Negligent
Imputed Negligence
Imputation of Fault from Vehicle Driver to Vehicle Passenger
Imputing Negligence in Case Where Member of Association Sues Association
Invasion of Privacy
Appropriation of Another’s Name or Likeness
False Light Invasion of Privacy – Application of Privileges, Assignment of False Light Claims, Damages for False Light Claims, Limitation of Action
Publicity Given to Private Facts
Limitation of Actions
Applicability to Counterclaims and Crossclaims
Death of a Minor
Liquor Liability
Claim by Adult Alcohol Consumer Against Seller of Alcohol
First Party Claim Against Bar for Furnishing (Not Selling) Alcohol to Minor
Medical Negligence
Certificate of Good Faith Requirement
Collateral Source Rule
Contiguous State Rule – Application to Causation Witnesses, Waiver
Corporate Liability Doctrine
Causation Expert Need Not Know Standard of Care
Discovering the Standard of Care from the Defendant Doctor
Loss of Chance
Peer Review Statute Privilege
Pre-Suit Notice Requirement
Motor Vehicle Cases
Driving with Obstruction to Vision
Imputation of Fault from Vehicle Driver to Vehicle Passenger
Police Reports
Sudden Loss of Consciousness or Physical Capacity
Uninsured Motorists Cases – Prejudgment Interest, Postjudgment Interest, Service of
Process
Negligent Misrepresentation
Duty to Disclose
Reasonable Reliance
Nuisance
Limitation of Actions
Statute of Repose
Premises Liability
Impact of Recreational Use Statute
Impact of the Statute of Repose for Improvements to Real Property
Open and Obvious
Products Liability
Causation in Products Liability Cases
Claim Against Manufacturer of Alcohol
Punitive Damages
Allowable in Breach of Warranty Claim
Subrogation
Effect of Uninsured Motorist Coverage Recovery on Workers’ Compensation
Subrogation Interest
Hospital Liens
Vicarious Liability
Circumstances When Principle if Not Liable for Acts of Agent
Wrongful Death
Impact of Grant of Durable Power of Attorney on Statute of Limitations
Limitation of Actions – Death of a Minor