A plaintiff’s damages for professional negligence are not reduced under MICRA if the court finds reckless neglect of a dependent adult under the Elder Abuse Act; If an employer- defendant recklessly or maliciously operates their place of business, a reasonable jury could find that the defendant is more responsible for an injury than an intentional tortfeasor; Under respondent superior, an employer may be liable to a plaintiff for the sexual misconduct of its employee if the circumstances of the employees job description makes the sexual misconduct a foreseeable hazard.
Cases of Interest
An executed and express assumption of risk by a high school football player and his guardian relieves a school district from liability for alleged negligence during a football game.
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Where the circumstances are sufficiently “similar,” unredacted traffic accident investigative reports may be ordered to be disclosed to party with “a proper interest” in the identifying data contained in the reports.
Trial court erred in excluding a police report as double hearsay because the party-opponent exception and the official records exception made each level of hearsay admissible.
Although harmless in this case, prohibiting cross-examination of expert witness regarding published standards established as generally accepted in the scientific community during the expert’s deposition was error