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Torts

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A governmental entity is immune from suit for the conduct of its employees or agents which could constitute a tort only if done by the governmental entity itself, in this case an abuse of process suit based on its employees and agents allegedly misuse of discovery in a civil action to audit the plaintiff's records for unclaimed property. Read More

Plaintiff's evidence, if believed by a fact-finder, would have supported the contention that defendant's ginkgo-infused pills had no mind-sharpening properties, contrary to defendant's advertising claims; so defendant was not entitled to summary judgment. Read More

The going-and-coming rule might not bar a claim against at-fault driver’s employer; though the driver was on a personal mission, the employer allegedly required him to drive a company truck at all times. Read More

Trial court prejudicially erred in giving a special jury instruction that in determining whether the city's failure to repaint a faded cross-walk and maintain bushes was negligent, the jury could not consider the condition of the adjacent property or the design of the intersection. Read More

Plaintiff may succeed on a negligent hiring and supervision theory by alleging that an employer’s negligent hiring of employee put him in a position to commit wrongful acts outside the scope of his employment which he would not otherwise have been able to commit, even if the harm was not committed in the course and scope of employment. Read More

The primary assumption of the risk didn't shield a youth water polo league from liability for repeat concussions suffered by a goalie due to the league's failure to promulgate concussion management and return to play protocols, which resulted in goalie being returned to play while already concussed and suffering further injury.  Read More

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