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PRL 101 slides, Oct. 15

1247d0fbb1983f2e8070809bb7acd6ef?s=47 Ted Major
October 15, 2015

PRL 101 slides, Oct. 15



Ted Major

October 15, 2015

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  1. Negligence creative commons licensed (BY-NC-ND) flickr photo by ageing accozzaglia:

  2. Case? Frye v. Smith, 67 So.3d 882 (Ala., 2011)

  3. Brief assignment • Issue? • "Whether employment as an officer

    of a corporation that sells goods in Alabama is a substantial connection that supports personal jurisdiction." • "Is the sale of goods in Alabama by a corporation such activity that would subject individual officers to the state's long-arm jurisdiction?" • Facts?
  4. creative commons licensed (BY-NC-SA) flickr photo by fboosman: https://flic.kr/p/kYWp Damages

  5. Purposes of tort law? • Compensate harm • Deter wrongful

  6. creative commons licensed (BY-NC) flickr photo by Jeremy Brooks: https://flic.kr/p/ChXgW

  7. Gore v BWM  Limits on punitive damages:  Degree

    of reprehensibility  Ratio to actual harm  Comparison to criminal penalties
  8. Negligence • Duty of care • Breach of duty •

    Damages • Causation • In fact • Proximate cc licensed ( BY ) flickr photo by
  9. Res Ipsa Loquitur • Δ had exclusive control of situation

    • Injury ordinarily would not occur but for negligence creative commons licensed (BY-NC) flickr photo by jpeepz: https://flic.kr/p/wDmz
  10. creative commons licensed (BY-SA) flickr photo by Ewan-M: https://flic.kr/p/5X5vH7 Good

    Samaritan Statutes protect those who render emergency aid from negligence liability
  11. §6-5-332 Persons rendering emergency care • Doctors (& public education

    employees!), etc. • Emergency helicopter crew • Physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact • Mine rescue planning and recovery operations • A person who without compensation renders emergency care to a person suffering from cardiac arrest • Licensed engineer, etc.
  12. Dram Shop Act • § 6-5-71, • π must prove

    that the sale of alcohol: – was contrary to the provisions of law – was the cause of intoxication and – resulted in the plaintiff's injury. creative commons licensed (BY-NC-ND) flickr photo by Adam Kuban: https://flic.kr/p/4Fse53
  13. Guest statute • In Ala. (§32-1-2): • The owner of

    a motor vehicle shall not be liable to injuries for a guest being transported for free except for willful and wanton conduct. Public domain image circa 1939, LOC: https://flic.kr/p/4jyfP7