PJC General Negligence 2022

Subject Index

O Objection, as method of preserving error on appeal, 33.1 Occupational disease, ch. 19 aggravation, acceleration, or excitement of, 19.1 date of injury for, 19.2 definition of, 19.1 injury theory vs. occupational disease theory, 19.1 last injurious exposure, 19.3 mental trauma, 19.1 ordinary diseases of life distinguished from, 19.1 types of, 19.1 “Occurrence,” use of, 4.1, 4.3, 4.4 One-way street, driving wrong way on, 5.1 “Open and obvious,” ch. 3 note Ordinary care definition of, 2.1 negligence and, 2.1 standard of, not applicable to all, 3.1 Out-of-state conduct, exemplary damages and, 7.12, 28.7, 29.7, 30.4 P Pain and suffering. See Mental anguish; Physical pain, damages for Parallel theories on damages, 1.12 Parent claim of for death of child, 29.5, 29.6 for injury of child, 28.5 for loss of services of child, 28.6 death of, claim of surviving child for, 29.4 eligible, 26.5 injury of, claim of child for, 28.10, 28.11 Parental consortium, 28.10, 28.11

dramshop liability, 5.5, 5.6 affirmative defense, 5.6

heart attack as excuse for, 5.2 recognized excuses for, 5.2 simple standard, 5.3 Negligent entrustment , 10.14 comparative causation question if both entrustor, entrustee joined, 10.12 of defective vehicle, 10.13 double entrustment case, 10.12 no driver’s license, 10.12 reckless or incompetent driver, 10.12 statutory standard, 10.12 Negligent undertaking, 10.14 New and independent cause, Introduction 4(c) , 3.1 “No duty,” ch. 3 note Nondelegable or absolute duties of corporation, 7.13 Nondependent parents, 26.5 Nonemployee, respondeat superior, 10.10 Nonpecuniary wages, definition of, 22.4 Nonsubscribing employer, 3.2 Note-taking, instructions on jurors’, 1.2, 1.3 Notice to employer of injury, 20.2, 20.3 Nuisance abnormal and out-of-place conduct, 12.3 actions, generally, 12.1 damages for, 12.5, 12.6 date of accrual of, 12.4 definition of, 12.1, 12.3 double recovery generally not allowed, 12.5, 12.6 nature of, permanent or temporary, 12.4

private, 12.2 public, 12.3 statutory, 12.3, 12.5

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