PJC General Negligence 2022

Subject Index

Degree of care

Domestic worker, 16.4 Double recovery, 28.3 Dramshop liability, 5.5, 5.6 affirmative defense, 5.6 Driver driving wrong way on one-way street, 5.1 intoxicated, 5.1 reckless, incompetent, or unlicensed, 10.12 Driver’s license, 10.12 Dual-purpose doctrine, 17.7 Duties, resumption of by employee, 10.7 E Earning capacity, loss of, 28.3 Earnings of minor child, 28.5, 28.6, 29.5 Eggshell plaintiff, 28.8C Election of remedies, 18.9 Electronic technology, jurors’ use of, 1.1– 1.3 Emergency, Introduction 4(c), 3.3 Emotional distress, intentional infliction of, 6.5 Employee, non–workers’ compensation borrowed, 10.2–10.5 definition of, 10.1 deviation by, 10.7 scope of employment, 10.6, 10.7 special, 10.2, 10.3 Employee, workers’ compensation borrowed, 16.3 definition of, 16.1 excluded employment, 16.4 farm and ranch, 16.4 on-call, 17.1 similar, definition of, 22.5 Employer, non–workers’ compensation control by, in independent contractor relationship, 10.9

child’s, 2.1, 2.3 common carrier’s, 2.1, 2.2

high, 2.1, 2.2 ordinary, 2.1 Dependents, definition of, for workers’ compensation, 26.3 – 26.5 Designated doctor, weight given opinion of, 15.3 Deviation by employee, 10.7 Diligence in procuring service, 14.1 Disability, maximum medical improvement, and impairment, ch. 23 bona fide position of employment, 23.4, 23.5 weekly earnings offered through, 23.6 disability definition of, 23.11 duration of, 23.2 definition of, 23.15 rating, 23.9, 23.16 reduced earnings as direct result of, 24.2, 24.3 maximum medical improvement definition of, 23.14 multiple alternative impairment ratings, 23.9 negating Division’s finding of, 23.7, 23.8 wages, definition for, 23.12 Disagreement of jury about testimony, 1.7 Discovered peril, ch. 3 note Disease, occupational, ch. 19 Disfigurement, 28.3, 28.5 cosmetic, 28.3 Doctor’s fees. See Expenses, medical Domesticated animal, injuries caused by, ch. 13 producing cause of, 23.1 wages earned during, 23.3 impairment

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