PJC General Negligence 2022

S UBJECT I NDEX

Exceptions, defenses and, in workers’ compensation, ch. 18 Excluded employment, in workers’ compensation, 16.4 Exclusionary instruction damages not reduced for decedent’s negligence survival, 30.3 wrongful death, 29.3–29.6 damages not reduced for plaintiff’s or parent’s negligence personal injury, 28.3–28.5, 28.11 property, 32.3, 32.4 damages not reduced for spouse’s negligence, personal injury, 28.4 for failure to mitigate, 4.1, 4.3, 28.9 for other condition, 28.8 for preexisting injury or condition that is aggravated, 28.8 Excuse for statutory violation, 5.2 Exemplary damages, 4.2, ch. 31 based on criminal act of another, 7.13 bifurcation, 1.4, 7.11, 28.7, 29.7, 30.4 for conversion, 7.11 against corporation, 7.13, 10.15 definition of, 28.7, 29.7, 30.4 limitation on amount of recovery, 28.7, 29.7, 30.4 exceptions to, 4.2 limits on conduct to be considered for, 28.7, 29.7, 30.4 for malicious prosecution, 6.4 out-of-state conduct and, 7.12, 28.7, 29.7, 30.4 personal injury, 28.7 prejudgment interest not recoverable on, 7.12, 28.7, 29.7, 30.4 survival, 30.4 for theft liability, 7.11–7.13 unanimous answer, 7.12, 28.7, 29.7, 30.4 when employer covered by Workers’ Compensation Act, 29.7, 30.4 wrongful death apportionment, 29.7, 29.8 Existence of injury, 28.3

Employer, non–workers’ compensation — continued defense to respondeat superior liability under statutory dramshop act or common law, 5.6 duty of, to investigate driving record of employee, 10.12 exemplary damages against, 29.7, 30.4 gross negligence of, 10.15 immunity of, under Workers’ Compensation Act, 4.1, 4.3, 10.5 intentional tort by, 28.4 liability for nonemployee, 10.10 rebuttal instruction for, 10.3, 10.5, 10.8 staff leasing agency as, 10.5 vicarious liability of, 10.1–10.4 vice-principal as, 5.6 Employer, workers’ compensation immunity of, under Workers’ Compensation Act, 4.1, 4.3, 10.5 more than one business, 16.5 Employment, workers’ compensation active effort to obtain, 24.4, 24.5 course and scope of, ch. 17 out-of-state, and injury, 16.6 Enterprise, joint, 10.11 Entrustment, negligent. See Negligent entrustment Error in the charge, preservation of, 33.1, 33.2 Evidence. See also Burden of proof, placement of; Testimony, jury’s disagreement about circumstantial, 1.8 clear and convincing, 4.2, 10.15 comment on weight of, 3.4 insufficient, 28.3 – 28.5, 29.3 – 29.6, 30.3, 32.4 preponderance of, Introduction 4(f), 1.3 spoliation of, 1.13

602