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The case came out of a traffic accident between the plaintiff and the defendant in which both of them had been found to have been driving negligently. The plaintiff (Li) had attempted to cross three lanes of oncoming traffic to enter a service station ; the defendant's (Yellow Cab Co.) driver was traveling at an excessive speed when he ran a ...
The plaintiff filed a claim in trespass to the person, because the claim in negligence was time-barred. Trespass to the person is a tort involving wrongful direct interference with another person and traditionally included both intentional and negligent acts.
The only difficulty lies in the way McGhee was explained in Wilsher v Essex Area Health Authority [1988] AC 1074. The latter was not a case in which the five factors were present. It was an action for clinical negligence in which it was alleged that giving a premature baby excessive oxygen had caused retrolental fibroplasia, resulting in blindness.
Case law of United States courts related to the tort of negligence. Pages in category "United States negligence case law" The following 18 pages are in this category, out of 18 total.
Winterbottom sought to extend the ratio of the court in Langridge v Levy [5] but the court rejected that on the grounds that that case involved a gun whose safety had been misrepresented by the vendor. [2] The case was also possibly influenced by public policy. If the plaintiff were able to sue," there would be unlimited actions" and the public ...
Palsgraf v. Long Island Rail Road Co.: Landmark case for discussion of proximate cause and its relationship with duty. Court of Appeals of New York. 248 N.Y. 339, 162 N.E. 99. (1928) POKURA V. WABASH RY. CO., 292 U.S. 98 (1934) ([plaintiffs' negligence is determined by the facts and a reasonable person standard) Fletcher v.
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
Ward v. Tesco Stores Ltd. [1976] 1 WLR 810, is an English tort law case concerning the doctrine of res ipsa loquitur ("the thing speaks for itself"). It deals with the law of negligence and it set an important precedent in so called "trip and slip" cases which are a common occurrence.