PJC General Negligence 2022
S UBJECT I NDEX
Malice, definition of — continued for malicious prosecution, 6.4 as justification for exemplary damages, 4.2, 28.7, 29.7, 30.4 trespass committed with, 11.9 Malicious prosecution, 6.4 Managerial capacity, 10.15 Market value, 7.6, 7.10, 12.5, 32.3, 32.4 Maximum medical improvement definition of, 23.14 multiple alternative impairment ratings, 23.9 negating Division’s finding of, 23.7, 23.8 Medical care, future, 28.3 Medical expenses. See Expenses, medical Mental anguish damages, none for conversion claim, 7.10 damages under Theft Liability Act, 7.6 definition of, 29.3–29.6, 30.3 personal injury damages for, 28.3, 28.5, 28.12 loss of consortium by child, 28.11 submitting with physical pain damages, 28.3 survival damages for decedent’s, 30.3 wrongful death damages for, 29.3–29.6 Minor child. See also Adult child, parents’ claim for death of; Child when born after parent’s death, 29.4 claim of, for parent’s death, 29.4 death of, 29.5 degree of care for, 2.1, 2.3 injury of, 28.5 liability for providing alcohol to, 5.5, 5.6 loss of earnings of, 28.5, 28.6, 29.5 loss of parental consortium, 28.10, 28.11 loss of services of, 28.6, 29.5 operation of motor vehicle by, 10.10 Mitigate, failure to, 4.1, 4.3, 28.9 Motor vehicle child’s operation of, 10.10 defective, 10.13
joint enterprise and, 10.11 loaned, 10.12, 10.13 negligent entrustment of, 10.12, 10.13 Multiple defendants. See also Contribution defendant exemplary damages, separate question for each defendant, 7.12, 28.7, 29.7, 30.4 plaintiff’s negligence not in issue, 28.1, 29.1, 30.1, 31.1 Multiple plaintiffs exemplary damages, apportionment of, 7.12, 28.7, 29.7, 29.8, 30.4 instruction conditioning damages questions for, 28.1, 29.1, 30.1, 31.1 Murder, 31.1 capital, 31.2 N Natural, “in a natural and continuous sequence,” 2.4, 3.1 Negligence. See also Common-law negligence; Contributory negligence in animal injury cases, 13.3–13.5 basic definitions in actions ( see Basic negligence, definitions) basic questions in actions ( see Basic negligence, questions) comparative, 4.1, 4.3, 4.4 contributory ( see Contributory negligence)
of decedent, 29.3–29.6, 30.3 gross ( see Gross negligence) of injured parent, 28.11 of injured spouse, 28.4 of multiple parties, 4.3, 4.4
of plaintiff, 28.3, 28.5, 28.9, 32.3, 32.4 if no claim of, 4.1, 5.1, 28.1, 29.1, 30.1, 32.1 use of term, 4.3 Negligence per se, Introduction 6, ch. 5 broad-form, 5.3 and common-law negligence, 5.1 excuse, 5.2 definition of, 5.1
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