Apr. 16, 2004 SUMMARY OF LAST CLASS THE “DIRECT VICTIM” RULE OF NIED PROGRESSION OF NIED LOSS OF CONSORTIUM DUTIES INDEPENDENT OF PHYSICAL RISK 2 TRADITIONAL EXCEPTIONS SHOULD THIS BE EXPANDED?

Apr. 16, 2004 SUMMARY CONTINUED GENERAL DUTY: SACCO FEAR OF FUTURE INJURY (POTTER) 1. “MORE LIKELY THAN NOT” TO GET CANCER UNLESS 2. MALICE (WILLFUL/CONSCIOUS DISREGARD)

Apr. 16, 2004 MORE FUTURE FEARS HARTWIG (note 1 p. 529) HOW DIFFERENT FROM POTTER? PARASITIC DAMAGE? NO ACTUAL EXPOSURE REQUIREMENT MINORITY RULE TIME PERIOD COVERED

Apr. 16, 2004 INTRODUCTION TO VICARIOUS LIABILITY 1. SAME AS “RESPONDEAT SUPERIOR” 2. FORM OF STRICT LIABILITY 3. DISTINGUISH: EMPLOYER’S OWN NEGLIGENCE EXAMPLE: NEGLIGENT HIRING 4. WHAT YOU NEED TO GET OUT OF THIS MATERIAL 5. GOALS OF VICARIOUS LIABILITY

Apr. 16, 2004 THE BASICS I HOW DO WE DETERMINE? RIVIELLO (625) – THE LITTLE KNIFE ACCIDENT AND FRUIT (625) 1. THE CONTROL THEORY PUPPET MASTER IDEA 2. “DOING HIS MASTER’S WORK” 3. INCIDENT TO THE ENTERPRISE “EMPLOYMENT”—EVEN IF NOT PAID

Apr. 16, 2004 THE BASICS II TRAVEL TO AND FROM WORK: “GOING AND COMING RULE” EXCEPTIONS: 1. INCIDENTAL BENEFIT FAUL (629) 2. SPECIAL HAZARDS 3. DUAL PURPOSE DOCTRINE RELATED IDEA: “FROLIC AND DETOUR”

Apr. 16, 2004 MORE BASICS RELATED IDEA: “FROLIC AND DETOUR” APPLYING THE RULES: GATZKE IN “THE BELLOWS” SMOKING INTENTIONAL TORTS: LISA M MINIMUM: CAUSAL NEXUS ROLE OF MOTIVE “MOTIVATING EMOTIONS” FORESEEABILITY