1. A settlement agreement that does not manifest an intent to release, discharge, or relinquish claims against a party to the agreement does not operate ...
Read More »Tag Archives: Torts
Torts – Mere-Slipperiness Rule
The mere-slipperiness rule, which frequently precludes a finding of negligence based on the failure to prevent or remove ice from sidewalks or walkways, applies to ...
Read More »Torts – Breach of Fiduciary Duty
Where several parties were involved in two agreements to develop properties; Riverwood argues that because the properties were foreclosed upon before Riverwood had an opportunity ...
Read More »Torts – Landlord’s Duty of Care
Where plaintiff, a guest of the tenant, was injured when a second-story wooden balcony on which he was standing fell to the ground; and there ...
Read More »Torts – Building Code Violation
Where a tenant rented a second-floor apartment with double doors opening to the outside; the landlord installed a platform that extended 19.5 inches out from ...
Read More »Torts – Landowner’s Duty of Care
Where plaintiff sustained injuries when he fell from a ladder he found at a client’s facility while performing maintenance work on the client’s security system; ...
Read More »Torts – Open and Obvious Danger
Where plaintiff’s took a step off a neighbor’s garage step and fell into a window well; and it is undisputed that the window well was ...
Read More »Torts – Reconciling Jury’s Findings
Where defendant hit the rear of plaintiff’s car; and in answers to special-verdict questions, the jury found (1) defendant’s negligence was not a direct cause ...
Read More »Torts – Exculpatory Clause
Where a commercial tenant signed a lease agreement which contained exculpatory provisions benefitting the landlord; and a fire-suppression sprinkler head malfunctioned, causing flooding and water ...
Read More »Torts – Private Nuisance
Where respondents, who own lakeshore property adjacent to appellant’s lakeshore property, constructed a berm 8-10 feet tall within 3-15 feet of appellant’s property line and ...
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