272 Negligence

272XVII Premises Liability

272XVII(L) Defenses and Mitigating Circumstances

272k1281 Plaintiff’s Conduct or Fault

273k1287 k. Miscellaneous Particular Cases.

Mere presence in tavern at 2:20 A.M. on New Year’s Eve was not contributory negligence per se.
Miller v. Staton, 394 P.2d 799 (Wash. 1964)

110 Criminal Law

110XVII Evidence

110XVII(D) Facts in Issue and Relevance

110k339.5 Identity of Accused

110k339.8 Out-Of-Court or Pre-Trial Confrontation

110k339.8(2) Time and Manner of Confrontation; Suggestiveness

110k339.8(3) k. Lineup Procedure in General.

Fact that defendant was asked to smile in lineup did not render lineup unduly suggestive or indicate that police officers acted improperly; victim’s description of perpetrator to police included that he had decaying tooth and detective who organized lineup testified at suppression hearing that victim identified defendant and then asked detective to have all participants in lineup smile so that he could be sure of his identification.
People v. Thomas, 637 N.Y.S.2d 174 (N.Y. App. Div. 1996)

Suggested by Anne M. Hansen; Bittle Bosman & Hansen, PC; Saint Louis Park, MN

About West Jury Verdicts:
Available in bookform (for many states) or as one of many Westlaw Databases, West Jury Verdicts compile the significant court decisions from various courts throughout the United States. You’ll receive summaries of jury verdicts, settlements, and arbitration awards. Each summary is written by an experienced legal editor and highlights main aspects of the case.

The summaries include the type of case, the type of liability, a list of attorneys and experts involved in the case, case analysis of the facts, and an award breakdown. The types of cases covered include medical malpractice, automobile accidents, breach of contract, employment, insurance, fraud, and wrongful death.

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Includes a Westlaw® citation and related court documents for every summary

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Jury awards $20.4M for Ford Explorer design defect; judge reduces to $8.5M

2009 WL 3065190 Verdict Summary
2009 WL 2875521 Plaintiff’s Ninth Amended Original Petition

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96H Controlled Substances

96HV Forfeitures

96Hk168 Grounds

96Hk170 k. Probable or Reasonable Cause; Substantial Connection.

Claimant was not entitled to return of spoon-shaped piece of jewelry since cocaine residue on spoon created requisite nexus to drug violation.
Medious v. Dep’t of Highway Safety & Motor Vehicles, 534 So. 2d 729 (Fla. Dist. Ct. App. 1988)

Suggested by John I. Lahti; Paralegal; Buckingham, Doolittle & Burroughs, LLP; Boca Raton, FL

272 Negligence

272X Sports, Games and Recreation

272k332 k. Golf.

Under Kansas law, golf is not abnormally dangerous activity that gives rise to strict liability on part of golfers for injuries to others.
Ludwikoski v. Kurotsu, 840 F. Supp. 826 (D. Kan. 1993)

Suggested by John E. Patterson; Baker Sterchi Cowden & Rice, LLC; Kansas City, MO

348 Seamen

348k15 Wages

348k21 Forfeiture and Fines

348k21(4) Desertion

348k21(4.1) k. In General.

Seamen missing vessel, hoping to delay sailing over Christmas Day, and attempting to rejoin, were not “deserters.”
Buchanan v. United States, 24 F.2d 528 (N.D. Cal. 1927)

268 Municipal Corporations

268V Officers, Agents, and Employees

268V(B) Municipal Departments and Officers Thereof

268k179 Police

268k185 Suspension and Removal of Policemen

268k185(10) k. Sufficiency of Evidence to Support Finding or Decision.

Evidence that police officer on Christmas Eve used patrol wagon to replenish beer supply at hotel party held not to show such misconduct as to require officer’s removal.
Marcum v. Smith, 80 S.W.2d 38 (Ky. 1935)

231H Labor and Employment

231HXII Labor Relations

231HXII(G) Unfair Labor Practices

231Hk1487 Unilateral Changes in Wages or Conditions of Employment

231Hk1490 Particular Changes

231Hk1490(4) k. Bonuses.

Employer’s unilateral discontinuance of its practice in giving its employees Christmas turkeys did not violate its duty to bargain, in that first collective bargaining agreement between employer and the union did not obligate employer to give the Christmas turkeys, and negotiations leading up to the second contract indicated union abandonment of any attempt to make giving of the turkeys obligatory.
Aeronca, Inc. v. N.L.R.B., 650 F.2d 501 (4th Cir. 1981)

Suggested by Jim Vannoy; Office of Law; Howard County, MD

2008 WL 6178828 Decision Summary
2002 WL 34423136 Plaintiff’s Complaint

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Related West eLearning Center Course:

Jury Verdicts and Settlement Data

Jury Verdict and Settlement information provides background and support for the value of your case. Westlaw offers a diverse collection of state and federal jury verdict databases.

VIEW THE LESSON

Jury Verdicts and Settlement Data  Audio | No Audio