"Medina was, after all, allowed to defend the lawsuit as he wanted, including his concession of ordinary negligence
Broaddus pointed out that the plaintiff signed waivers that barred the ordinary negligence
claims, and "correctly" did not challenge them.
This "gunsmith" committed Ordinary Negligence
telling his client that the gun was safe to shoot; he also failed to assemble the weapon with the correct parts.
is a well-defined legal term, as illustrated in Prosser's Textbook on Torts: "The formula under which this usually is put to the jury is that the doctor must have and use the knowledge, skill, and care ordinarily possessed and employed by members of the profession in good standing." (2)
or no negligence at all, the provisions for the
F.D.I.C., (19) the Supreme Court interpreted this language as only setting the floor for bank D&O liability, rather than categorically barring all ordinary negligence
While the laws provide legal immunity against ordinary negligence
(doing something that an average, reasonable person would not do), there is generally no immunity provided for "gross negligence," which is defined as reckless and willful disregard for the safety of others.
We are asked in this case if the City of New York was engaged in a proprietary function at the time of plaintiff's bicycle accident in order to determine if the jury properly evaluated the City's actions under ordinary negligence
At the federal level, the Volunteer Protection Act of 1997 (the Act) offers qualified immunity for volunteers for acts of ordinary negligence
that were committed while volunteering for a qualified nonprofit or governmental organization.
(334) In essence, courts in the 1800s imported the categories of "slight," "ordinary," and "gross" negligence from bailments into ordinary negligence
law to mitigate the harsh applications of the contributory negligence doctrine.
The rules define a "business judgment" standard to determine whether an executive has acted negligently, (25) yet the FDIC has expressly rejected state law business judgment doctrines that insulate directors and officers from the unpredictable effects of ordinary negligence
The Executrix of Eric's Estate, in her original complaint, raised a claim of ordinary negligence