Saltalamachia Torts Section 6A 2010

In this class we discussed Polemis, Wagon Mound, Doe v. Manheimer, plus the note cases of Ventricelli and Derderian.

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In this class we finished cause in fact with the Hymowitz case, and began our discussion of proximate cause with Benn v. Thomas.

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In this class we discussed the Zuchowicz, Alberts, and Summers v. Tice cases, along with the theory of joint and several liability.

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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

In this podcast we cover Nycal, Madison Ave. and finish the element of duty.  Next, we start cause in fact with the Stubbs case.

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This class covers indirect emotional distress.  Cases discussed were Portee, Dillon, Bovsun, Johnson v. Jamaica Hospital.

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This class covers direct negligent infliction of emotional distress, and covers Falzone, Buckley and Gammon.

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Cases covered in this podcast are Friedman v. New York State and Cope v. Scott, dealing with the Federal Tort Claims Act.

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Cases covered in this podcast are Riss, Schuester, Sorchetti, Cuffy, and Lauer.

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In this class we discussed Carter v. Kinney, Heins, Posecai, and (briefly) Broadbent.

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