Saltalamachia Torts Section 3B 2010

Cases studied in this class are Polemis, Wagon Mound, and Doe v Manheimer.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1288031929.33.mp3]

This podcast covers Hymowitz and wraps up cause in fact, and then moves to proximate cause and the eggshell plaintiff rule and Benn v. Thomas.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1287611355.30.mp3]

The Hymowitz case is known primarily for its comprehensive ruling on market share liability, but it nearly did not even reach the courts, primarily due to the statute of limitations in force in New York at that time.

The New York statute of limitations for tort actions provided a three year time frame from the injury, or exposure, to the filing of the suit. Tort suits generally have a short statute because of the policy in favor of not exposing defendants to unlimited liability for an unlimited time. Of course, here, the injury occured while the plaintiffs were in utero. For such situations, the court allowed a brief extention after the age of majority. Despite the fact that Mindy Hymowitz, and all the other plaintiffs, had brought suit as soon as their cancer was discovered, their cases, like all other latent discovery cases, would be dismissed unless the statute was extended. Mindy and her mother relentlessly petitioned the New York State legislature to change the statute from date of exposure to date of discovery, but the legislature was adamant not to expose companies to additional time for litigation. The AFL-CIO joined the lobbying. After years of petitioning, a revival statute was passed in 1986 which opened a one year window for suit. At this point, it had been 9 years since Mindy first discovered she had cancer, at age 24.

Before the 1989 court decision, Mindy, then a nurse, decided to attend law school at night, and graduated in 1991. While working as a litigator, her cancer recurred, and she died in 1998.

Adapted from Bernstein, Torts Stories, Foundation Press

This podcast continues our discussion of cause in fact.  Topic discussed include Zuchowicz, Alberts, Summers v. Tice, joint and several liability, multiple defendants, and the substantial factor test.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1287432235.28.mp3]

In this class we finished the section on duty with the Nycal and Madison Avenue cases, and began a new section, and new element, with the Stubbs case.  From now on, negligence will be assumed and the only question for liability will be causation, proximate cause, and damages, along with any defenses available.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1286995600.26.mp3]

This podcast covers the cases, Gammon, Portee, Dillon, Bovsun, and Johnson v. Jamaica Hospital

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1286908838.24.mp3]

This podcast covers Falzone and Buckley cases.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1286399794.22.mp3]

This podcast is for class #12, and covers Friedman and Cope v. Scott.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/10/1286214959.19.mp3]

In this podcast we cover the Riss, Cuffy, and Lauer cases.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/09/1285788349.16.mp3]

In this class we covered Heins, Posecai, and Broadbent.

Click here to download the Classcaster
audio.

Play It Now!
[audio:http://saltalamachiatorts3b2010.classcaster.net/files/2010/09/1285613245.15.mp3]