PJC General Negligence 2022

S UBJECT I NDEX

Basic negligence — continued questions, ch. 4

Child. See also Adult child, parents’ claim for death of; Death, workers’ compensation, eligible child; Minor child loss of consortium by, 28.10, 28.11 operation of motor vehicle by, liability for, 10.10 services of, examples of, 28.6 Circumstantial evidence, 1.8 Clear and convincing evidence, definition of, 4.2, 7.11, 10.15 Comfort, personal, 17.4 Common carrier, 2.1, 2.2 Common-law negligence. See also Negligence dramshop liability for, 5.5 heart attack as excuse for, 5.2 negligence per se and, Introduction 6, 5.1, 5.2 Community of pecuniary interest, 10.11 Community property definition of, 29.3, 29.4 instruction on, in wrongful death actions, 29.3 personal injury damages as, 28.3 Companionship and society, loss of, 29.3– 29.6 Comparative negligence, 4.1, 4.3, 4.4. See also Contributory negligence ; Negligence ; Proportionate responsibility Comparative responsibility. See Proportionate responsibility Conscious pain and suffering, decedent’s, 30.3 Consortium “consortium-type” damages, 28.6 definition of, 28.4 loss of, recovery for, 28.4 parental, 28.10, 28.11 Contractor, independent. See Independent contractor

broad-form, 4.1 ( see also Broad-form negligence question) comparative negligence, 4.3 gross negligence, 4.2 ( see also Gross negligence) proportionate responsibility, 4.3 Bifurcation, 1.4, 7.12, 28.7, 29.7, 30.4 Borrowed employee, 10.2–10.5, 16.3 Broad-form negligence question, Introduction 4(a). See also Basic negligence negligence per se, Introduction 6, 5.1–5.5 supreme court’s preference for, Introduction 4(a), 4.1, 33.2 when not feasible, 4.1, 5.1, 33.2 when to use, 4.1, 5.1–5.5 Broad-form submission of damages elements, 28.3 Burden of proof, placement of general negligence, Introduction 4(f), 1.3 workers’ compensation, ch. 15 Burial expenses, 30.3 Burns to the body, workers’ compensation, 25.7 Bystander injury, 28.3, 28.11, 28.12 C Capital murder, 32.2 Care. See Degree of care Casual employee, 16.4 Cause. See also Producing cause; Proximate cause new and independent, 3.1 sole proximate, 3.2 Charge of the court, 1.3. See also Unanimous answer, exemplary damages definitions and instructions, placement of, Introduction 4(e) error, preservation of, 33.1, 33.2

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