Krouse V. Graham
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Krouse V. Graham
''Krouse v. Graham'', (1977), was a case decided by the Supreme Court of California ruling that a lack of visual perception of an accident did not necessarily preclude recovery for negligent infliction of emotional distress. Factual background Plaintiff Benjamin Krouse was in his parked car outside of his house. The plaintiff's wife was removing groceries from the car. The car driven by defendant Homer Graham collided with the parked car, injuring the plaintiff and killing his wife. The plaintiff did not see the car hit his wife, but he could see Graham's car approaching and he knew that his wife was in its path. The plaintiff sued for wrongful death and emotional distress, and the trial court returned a verdict for the plaintiff. The defendant appealed from a denied motion for a new trial. Decision The defendant alleged error in a jury instruction that said that Krouse could recover for negligent infliction of emotional distress by simply being present at the scene of the ...
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Pacific Reporter
The ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' () are United States regional case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The ''Pacific Reporter'' contains published appellate court case decisions for: * Alaska * Arizona * California * Colorado * Hawaii * Idaho * Kansas * Montana * Nevada * New Mexico * Oklahoma * Oregon * Utah * Washington * Wyoming When cited A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of ..., the ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' are abbreviated "P.", "P.2d", and "P.3d", respectively. Date ranges The first ''Pacific Reporter'' series only had 300 volumes, and spanned fr ...
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Wrongful Death
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, losses, and suffering they've suffered after losing a loved one. Types of wrongful death claims Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. Common law jurisdictions In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.22A Am. Jur. 2d Death § 1. Under common law, a dead person cannot brin ...
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1977 In United States Case Law
Events January * January 8 – Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group. * January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democratic Republic of the Congo). * January 17 ** 49 marines from the and are killed as a result of a collision in Barcelona harbour, Spain. * January 18 ** Scientists identify a previously unknown bacterium as the cause of the mysterious Legionnaires' disease. ** Australia's worst railway disaster at Granville, a suburb of Sydney, leaves 83 people dead. ** SFR Yugoslavia Prime minister Džemal Bijedić, his wife and 6 others are killed in a plane crash in Bosnia and Herzegovina. * January 19 – An Ejército del Aire CASA C-207C Azor (registration T.7-15) plane crashes into the side of a mountain near Chiva, on approach to Valencia Airport in Spain, killing all 11 people on board. * January 20 – Jimmy Carter is sworn in as the 39th President of ...
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United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Negligence Case Law
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Thing V
Thing or The Thing may refer to: Philosophy * An object * Broadly, an entity * Thing-in-itself (or ''noumenon''), the reality that underlies perceptions, a term coined by Immanuel Kant * Thing theory, a branch of critical theory that focuses on human–object interactions in literature and culture History * Thing (assembly), also spelled as ''ting'' or ''þing'', a historical Germanic governing assembly * The Thing (listening device), a Soviet bug used during the Cold War for eavesdropping on the U.S. ambassador to the Soviet Union * The Thing (art project), a 1990s community-based in New York City Film and television * ''The Thing from Another World'', often referred to as ''The Thing'', 1951 science fiction film based on the novella ''Who Goes There?'' * '' The Thing'' (1982 film), a remake of the 1951 film, directed by John Carpenter, more closely following the original novella ''Who Goes There?'' * '' The Thing'' (2011 film), a prequel to the 1982 film * Thing ( ...
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Archibald V
Archibald is a masculine given name, composed of the Germanic elements '' erchan'' (with an original meaning of "genuine" or "precious") and ''bald'' meaning "bold". Medieval forms include Old High German and Anglo-Saxon . Erkanbald, bishop of Strasbourg (d. 991) was also rendered in Old French. There is also a secondary association of its first element with the Greek prefix '' archi-'' meaning "chief, master", to Norman England in the high medieval period. The form ''Archibald'' became particularly popular among Scottish nobility in the later medieval to early modern periods, whence usage as a surname is derived by the 18th century, found especially in Scotland and later Nova Scotia. Given name English diminutives or hypocorisms include ''Arch, Archy, Archie, and Baldie (nickname)''. Variants include French ''Archambault, Archaimbaud, Archenbaud, Archimbaud'', Italian ''Archimboldo, Arcimbaldo, Arcimboldo'', Portuguese '' Arquibaldo, Arquimbaldo'' and Spanish ''Archibald ...
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Dillon V
Dillon may refer to: People *Dillon (surname) *Dillon (given name) * Dillon (singer) (born 1988), Brazilian singer *Viscount Dillon, a title in the Peerage of Ireland Places Canada *Dillon, Saskatchewan United States *Dillon Beach, California *Dillon, Colorado * Dillon, Illinois *Dillon, Kansas *Dillon, Missouri *Dillon, Montana *Dillon, South Carolina **Dillon County, South Carolina *Dillon, West Virginia * Dillon Falls, Ohio, also called Dillon *Dillons Run, a river in West Virginia *Dillon State Park, on the Licking River, Licking County, Ohio * Dillon Township (other) Arts and entertainment Fictional characters *Al Dillon, in the 1987 film ''Predator'' * Kevin Dillon (character), in the young adult novel ''Freak the Mighty'' * Matt Dillon (''Gunsmoke''), in the radio and television versions of ''Gunsmoke'' *The Dillon family in the soap opera ''All My Children'': **Laurel Banning Dillon **Janet Dillon *Dillon Quartermaine, in the soap opera ''General Hospital'' * ...
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Supreme Court Of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California ju ...
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Negligent Infliction Of Emotional Distress
The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual. If one fails in this duty and unreasonably causes emotional distress to another person, that actor will be liable for monetary damages to the injured individual. The tort is to be contrasted with intentional infliction of emotional distress in that there is no need to prove intent to inflict distress. That is, an accidental infliction, if negligent, is sufficient to support a cause of action. History NIED began to develop in the late nineteenth century, but only in a very limited form, in the sense that plaintiffs could recover for consequential emotional distress as a component of damages when a defendant negligently inflicted physical harm ...
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Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ...
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Donald Wright
Donald Richard Wright (February 2, 1907 – March 21, 1985) was the 24th Chief Justice of California. Biography Born in Placentia, California, Wright earned his Bachelor of Arts from Stanford University in 1929 and his Bachelor of Laws from Harvard Law School in 1932. Admitted to the California State Bar in 1933, he worked in private practice at the law firm of Barrick, Poole & Knox in Pasadena, California until 1953, except for 1942–1946 when he served as a Lieutenant Colonel in the U.S. Army Air Forces during World War II. In 1953, Governor Earl Warren appointed Wright to the Los Angeles Municipal Court, where he served until 1961 when he was elected to the Los Angeles County Superior Court. In June 1968, Sirhan B. Sirhan appeared in court for arraignment on the charge of first-degree murder of Robert F. Kennedy, and Wright as presiding judge assigned a public defender to the case. In 1968, Wright left the Superior Court when Governor Ronald Reagan appointed him as an ...
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