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For the first time in California, the Supreme Court held that plaintiffs, in a statutory action for wrongful death, may recover so-called "non-economic" damages: damages for the loss of the deceased's "love, companionship, comfort, care, assistance, protection, affection, society, [and] moral support." [2]
Dillon v. Legg, 68 Cal. 2d 728 (1968), was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress.To date, it is the most persuasive decision of the most persuasive state supreme court in the United States during the latter half of the 20th century: Dillon has been favorably cited and followed by at least twenty reported out-of ...
In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. [3] Under common law, a dead person cannot bring a suit (under the maxim actio personalis moritur cum persona), and this created an anomaly in which activities that resulted in a person's injury would result in civil sanction, but activities that resulted in a person's ...
Kristin Smart's family sues Cal Poly for wrongful death nearly 30 years after her disappearance Todd Miyazawa and Mirna Alsharif Updated January 19, 2024 at 11:29 AM
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
Molien v. Kaiser Foundation Hospitals, 27 Cal. 3d 916 (1980), was a case decided by the Supreme Court of California that first recognized that a "direct victim" of negligence can recover damages for emotional distress without an accompanying physical injury. [1]
In addition to seeking unnamed punitive damages, the suit asks Southwest Ohio Regional Transit Authority to complete an audit of how Metro hires and trains drivers and release it to the public.
Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975), commonly referred to simply as Li, is a California Supreme Court case that judicially embraced comparative negligence in California tort law and rejected strict contributory negligence.
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related to: california wrongful death punitive damages