O.C.G.A. § 51-1-13 (2019)

Annotations

Cross references. - Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1. Law reviews. - For comment on Tucker v. Howard L. Carmichael & Sons, 208 Ga. 201, 65 S.E.2d 909 (1951), holding child may maintain action for prenatal injury caused by negligence of another, see 14 Ga. B. J. 249 (1951). For comment on Wright v. Wright, 85 Ga. App. 721, 70 S.E.2d 152 (1952), see 15 Ga. B. J. 83 (1952). For comment on Plantation Pipe Line Co. v. Hornbuckle, 212 Ga. 504, 93

S.E.2d 727 (1956), holding that if a child born after an injury occurring at any period in its prenatal life can prove a tortious effect it will be allowed the right to recover, see 19 Ga. B. J. 87 (1956). For comment on Hornbuckle v. Plantation Pipe Line Co., 212 Ga. 504, 93 S.E.2d 727 (1956), recognizing child’s right of action for prenatal injuries suffered prior to viability, see 8 Mercer L. Rev. 377 (1957). For comment on Mims v. Boland, 110 Ga. App. 477, 138 S.E.2d 902 (1964), see 2 Ga. St. B. J. 133 (1965). For comment, ‘‘ ‘Am I My Brother’s Keeper?’: Reforming Criminal

Hazing Laws Based on Assumption of Care,’’ see 63 Emory L.J. 925 (2014). JUDICIAL DECISIONS ANALYSIS GENERAL CONSIDERATION JURY INSTRUCTIONS General Consideration Cause of action for personal injury. - Actions ex delicto both by the common law and the law of Georgia unquestionably include actions for injuries to the person. Goebel v. Hodges, 83 Ga. App. 574, 64 S.E.2d 207 (1951). Cause of action for prenatal injury. - If a child born after an injury sustained at any period of the child’s prenatal life can prove the effect on the child of a tort, the child has a right to recover. Hornbuckle v. Plantation Pipe Line Co., 212 Ga. 504, 93 S.E.2d 727 (1956). Lack of consent for medical treatment. - Cause of action for battery exists when objected-to treatment is performed without the consent of, or after withdrawal of consent by, the patient; there is no authority for holding that a medical consent form signed for one operation or treatment is valid for another operation later and elsewhere. Joiner v. Lee, 197 Ga. App. 754, 399 S.E.2d 516 (1990). Cause not barred merely because arising only due to special condition of plaintiff. - When a married woman in a state of pregnancy suffers physical injuries which are caused by another’s negligence, but which may not have resulted except for her delicate condition, she is not to be debarred from recovering damages from the person guilty of the negligence for the injuries which are the legal and natural result of the act done. Saul Klenberg Co. v. Mrozinski, 78 Ga. App. 59, 50 S.E.2d 247 (1948). Trespasser’s action for injury good only if harm maliciously inflicted. - When a plaintiff seeks to hold the wife liable in damages for a wrong inflicted by the husband, and alleges no more to establish his legal status at the time of the alleged injury than inferences that he was a trespasser upon lands of the defendants,

the plaintiff must clearly show that the alleged injuries were maliciously inflicted at the command or counsel of the wife or that she aided and abetted in the injuries received, in order to state a cause of action against her. Brigman v. Brenner, 206 Ga. 222, 56 S.E.2d 471 (1949). Filing of suit for personal injury gives defendant right to reasonably investigate claim. - When one elects to sue another for injuries one receives, it has been recognized for a limited purpose that the plaintiff may waive the plaintiff ’s right to privacy and the defendant has the right to conduct a reasonable investigation of the plaintiff in order to ascertain the validity of the plaintiff ’s claim. Ellenberg v. Pinkerton’s, Inc., 125 Ga. App. 648, 188 S.E.2d 911 (1972), later appeal, 130 Ga. App. 254, 202 S.E.2d 701 (1973). Plaintiff impliedly waives right of privacy against such investigation. - Right of privacy may be implicitly waived and the right is waived by one who files an action for damages resulting from a tort to the extent of the defendant’s intervening right to investigate and ascertain for oneself the true state of injury. The reasonableness of the investigation under the circumstances is a question for the jury. Ellenberg v. Pinkerton’s Inc., 125 Ga. App. 648, 188 S.E.2d 911 (1972), later appeal, 130 Ga. App. 254, 202 S.E.2d 701 (1973). Use of opprobrious words as justification. - Opprobrious words or abusive language are to be left to the jury, in an action for assault and battery, to determine whether the battery was justifiable. Thompson v. Shelverton, 131 Ga. 714, 63 S.E. 220 (1908). Injury caused by mental patient. - When the course of treatment of a mental patient involves an exercise of control by a physician who knows or should know that the patient is likely to cause bodily harm

to others, an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. Bradley Center, Inc. v. Wessner, 161 Ga. App. 576, 287 S.E.2d 716, aff ’d, 250 Ga. 199, 296 S.E.2d 693 (1982). Intent of agressor not a factor. - Four refugees showed that the former Bosnian-Serb soldier committed extensive physical injuries against all of them, without their consent, and in a harmful and offensive manner. Therefore, the soldier was liable to the refugees under Georgia law for assault and battery, regardless of the soldier’s intent. Mehinovic v. Vuckovic, 198 F. Supp. 2d 1322 (N.D. Ga. 2002). Remedies for Fourth Amendment violation by police officers. - See Gilmere v. City of Atlanta, 737 F.2d 894 (11th Cir. 1984), aff ’d in part and rev’d and vacated in part en banc, 774 F.2d 1495 (11th Cir. 1985), cert. denied, 476 U.S. 1115, 106 S. Ct. 1970, 90 L. Ed. 2d 654 (1986). Injury caused by a federal officer. - Inmate’s battery claim against the United States, which was based on injuries the inmate sustained when a federal agent, who was attempting to arrest the inmate pursuant to a warrant, moved the agent’s vehicle to block the inmate’s escape, failed under the federal Tort Claims Act, 28 U.S.C. § 2680(h), because under applicable state law regarding a battery claim, O.C.G.A. § 51-1-13, the agent was justified in using force reasonably necessary to effectuate the arrest, and under the totality of the circumstances, the agent did not use more force than was reasonably necessary. Williams v. United States, 314 Fed. Appx. 253 (11th Cir. 2009) (Unpublished). Summary judgment inappropriate. - When a merchant’s employee detained three suspected shoplifters, and the detainees brought claims of assault and battery, summary judgment in favor of the merchant was inappropriate after the plaintiffs testified that the employee detained the plaintiffs an unreasonable amount of time and was physically and verbally abusive. Brown v. Super Disc. Mkts., Inc., 223 Ga. App. 174, 477 S.E.2d 839 (1996).

Grant of summary judgment in favor of the employee on the employee’s claim of battery was reversed since there were factual issues regarding whether the co-worker’s conduct constituted an offensive touching and whether it was intentional. Vasquez v. Smith, 259 Ga. App. 79, 576 S.E.2d 59 (2003). Trial court properly denied summary judgment to a former supervisor in a former employee’s action arising from an improper touching that the supervisor allegedly committed to the employee while pretending to reach out to shake the employee’s hand, as there was a relatively low threshold required to prove the claimed battery, and the court was required to view all evidence in the light most favorable to the employee as the non-movant. MARTA v. Mosley, 280 Ga. App. 486, 634 S.E.2d 466 (2006). Viewing the evidence in the light most favorable to an arrestee who was shot in the face by an officer during a traffic stop, the officer’s use of force was not justified because the arrestee’s car was stopped and not moving at the time the officer shot the arrestee. Therefore, the officer was not entitled to qualified immunity and summary judgment on the arrestee’s claims. Porter v. Massarelli, 303 Ga. App. 91, 692 S.E.2d 722 (2010). Cited in Western & A.R.R. v. Sawtell, 65 Ga. 235 (1880); Berkner v. Dannenberg, 116 Ga. 954, 43 S.E. 463, 60 L.R.A. 559 (1903); Dodd v. Slater, 101 Ga. App. 362, 114 S.E.2d 170 (1960); Bowling v. Janmar, Inc., 142 Ga. App. 53, 234 S.E.2d 849 (1977); Bendiburg v. Dempsey, 707 F. Supp. 1318 (N.D. Ga. 1989); Telfair v. Gilberg, 868 F. Supp. 1396 (S.D. Ga. 1994); Draper v. Reynolds, 278 Ga. App. 401, 629 S.E.2d 476 (2006). Jury Instructions Jury instruction on mitigating circumstances as possible justification appropriate. - Court erred in failing to charge the jury upon written request, in an action for damages on account of an assault and battery, that the defendant could give in evidence any opprobrious words or abusive language used by the plaintiff to the plaintiff ’s servant or agent, in order to justify the servant or agent’s

Jury Instructions (Cont’d) conduct or mitigate the damages, and it was for the jury to determine whether such language amounted to a justification or only to a mitigation of damages recoverable. Exposition Cotton Mills v. Crawford, 67 Ga. App. 135, 19 S.E.2d 835 (1942). Jury instruction on relative strength of parties appropriate. - In an action for damages for assault and battery the court erred in failing to charge the jury, upon written request, that, in considering the question as to whether or not the battery was proportioned to the provocation, it could take into consideration the relative strength of the plaintiff and defendant’s employee, where the plaintiff was an able-bodied man of 34 years, while the employee was 69 years old, and afflicted at the time with cancer. Exposition Cotton Mills v. Crawford, 67 Ga. App. 135, 19 S.E.2d 835 (1942). Jury instruction based on this section erroneous in simple negligence

case. - In a suit for personal injuries based on simple negligence in which compensatory damages only were sued for, it was error for the court to give in charge to the jury the provisions of this section. Georgia Ry. & Power Co. v. Bryans, 35 Ga. App. 713, 134 S.E. 787 (1926); Hirsch v. Plowden, 35 Ga. App. 763, 134 S.E. 833 (1926); Rozier v. Folsom, 53 Ga. App. 53, 185 S.E. 140 (1936); Collins v. Porterfield, 102 Ga. App. 294, 116 S.E.2d 105 (1960). Vice of charging this section in a negligence case lies in the fact that it allows the jury to consider the defendant’s intentions in the assessment of damages, when no damages based on willfulness or malice are sought. Collins v. Porterfield, 102 Ga. App. 294, 116 S.E.2d 105 (1960). Jury instruction based on this section erroneous without intent. - Charge based upon this section should not have been given when there was no allegation and no evidence that the injury was intentional. Rozier v. Folsom, 53 Ga. App. 53, 185 S.E. 140 (1936).

RESEARCH REFERENCES Am. Jur. 2d. - 74 Am. Jur. 2d, Torts, §§ 2, 6, 8. C.J.S. - 86 C.J.S., Torts, §§ 23, 90. ALR. - Liability for property lost or stolen at the time of a personal injury, 1 ALR 737. Liability of electric light or power company for injuries to employee of patron, 9 ALR 174. Liability of master for injury inflicted by servant with firearms, 10 ALR 1087; 75 ALR 1176. Liability of one maintaining electric wire over or near highway for injury due to breaking of wire by fall of tree or limb, 19 ALR 801. Liability for injury due to condition of trees in or overhanging highway, 19 ALR 1021; 49 ALR 840. Injury to one while coasting in the street, 20 ALR 1433; 109 ALR 941. Competency of hospital physician or attendant to testify as to condition of patient, 22 ALR 1217. Liability for injury to window washer, 28 ALR 622.

Liability for injury to one in street by object falling from window, 29 ALR 77; 53 ALR 462. Liability of one starting bonfire for burning of child, 36 ALR 297. Constitutionality of statute or ordinance denying remedy for personal injury as a result of simple negligence, 36 ALR 1400. Liability of one whose acts cause collection of, or disorder in, crowd for injuries incident thereto, 38 ALR 1531. Release by, or judgment in favor of, person injured as barring action for his death, 39 ALR 579. Recovery for physical consequences of fright resulting in a physical injury, 40 ALR 983; 76 ALR 681; 98 ALR 402. Measure of damages in action for personal injuries commenced by the deceased in his lifetime and revived by his personal representative, 42 ALR 187. Liability of carrier for injury to passenger due to construction of floor of car or vessel on different levels, 48 ALR 1424. Liability for unintentionally shooting person while hunting, 53 ALR 1205.

Civil liability for death or injury in prize fights, 71 ALR 189. Liability for damage to person or property by fall of tree, 72 ALR 615. Admissibility of evidence, and propriety and effect of questions, statements, comments, etc., tending to show that defendant in a personal-injury or death action carries liability insurance, 74 ALR 849. Recovery for physical consequences of fright resulting in physical injury, 76 ALR 681; 98 ALR 402. Liability for injury to one riding on running board of automobile or other place outside body of car, 80 ALR 553; 104 ALR 312; 44 ALR2d 238. Reliance on particular kind of treatment in case of injury as affecting amount of recovery against one causing injury, 82 ALR 491. Gas company’s liability for injury or damage by escaping gas, 90 ALR 1082; 138 ALR 870. Admissibility of evidence, and propriety and effect of questions, statements, comments, etc., tending to show that defendant in a personal-injury or death action carries liability insurance, 95 ALR 388; 105 ALR 1319; 4 ALR 2d 761. What amounts to claim for personal injury within statute or ordinance requiring notice as condition of municipal liability, 97 ALR 118. Liability of county for torts in connection with activities which pertain, or are claimed to pertain, to private or proprietary functions, 101 ALR 1166; 16 ALR2d 1079. Release or compromise by parent of cause of action for injuries to child as affecting right of child, 103 ALR 500. Judgment in action for personal injuries to or death of one person as res judicata or conclusive of matters there litigated subsequent action for personal injury to or death of another person in the same accident, 104 ALR 1476. Sufficiency of complaint in action against railroad for killing or injuring person or livestock as regards time, and direction and identification of train, 115 ALR 1074. Liability of owner or operator of public gasoline filling station for injury to person or damage to property, 116 ALR 1205.

Liability of churches or other religious societies for torts causing personal injury or death, 124 ALR 814. What amounts to a personal injury within venue statute, 134 ALR 751. Liability for injury to person or damage to property as result of ‘‘blackout,’’, 136 ALR 1327; 147 ALR 1442; 148 ALR 1401; 150 ALR 1448; 153 ALR 1433; 154 ALR 1459; 155 ALR 1458; 158 ALR 1463. Liability for death or injury on or near golf course, 138 ALR 541; 82 ALR2d 1183. Damages on account of loss of earnings or impairment of earning capacity due to wife’s personal injury as recoverable by her or by her husband, 151 ALR 479. Liability for death of, or injury to, one seeking to rescue another, 158 ALR 189. Liability of adjoining property owner for injury to one deviating from highway or frequented path, 159 ALR 136. Right of one to recover from personal injury to himself and for death of another killed in the same accident as giving rise a single cause of action or to separate causes of action, 161 ALR 208. Breach of lessor’s agreement to repair as ground of liability for personal injury to tenant or one in privity with latter, 163 ALR 300; 78 ALR2d 1238. Liability for injury to or death of participant in game or contest, 7 ALR2d 704. Liability of manufacturer or wholesaler for injury caused by third person’s use of explosives or other dangerous article sold to retailer in violation of law, 11 ALR2d 1028. Proof of prospective earning capacity of student or trainee, or of its loss, in action for personal injury or death, 15 ALR2d 418. Liability for injury resulting from swinging door, 16 ALR2d 1161. Liability of owner or operator of park or other premises on which baseball or other game is played, for injuries by ball to person on nearby street, sidewalk, or premises, 16 ALR2d 1458. Liability of municipality for injury or damage from explosion or burning of substance stored by third person under municipal permit, 17 ALR2d 683. Recovery by tenant of damages for physical injury or mental anguish occasioned by wrongful eviction, 17 ALR2d 936.

Liability of one servicing, repairing, or adjusting an oil-burning furnace or other oil-burning heating appliance, for personal injury, death, or property damage, 18 ALR2d 1326. Liability of seller of firearm, explosive, or highly inflammable substance to child, 20 ALR2d 119; 75 ALR3d 825; 95 ALR3d 390; 4 ALR4th 331. Danger of apparent danger of great bodily harm or death as condition of self-defense in civil action for assault and battery, personal injury, or death, 25 ALR2d 1215. Liability of landowner for injury to or death of child caused by cave-in or landslide, 28 ALR2d 195. Liability of landowner for injury to or death of child resulting from piled or stacked lumber or other building materials, 28 ALR2d 218. Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 ALR2d 107. Violation of zoning ordinance or regulation as affecting or creating liability for injuries or death, 31 ALR2d 1469. Liability for injury to hand in vehicle door, 34 ALR2d 1172. Shipper’s liability to consignee or his employee injured while unloading car because of improper loading, 35 ALR2d 609. Joinder of cause of action for pain and suffering of decedent with cause of action for wrongful death, 35 ALR2d 1377. Municipal liability for injuries from snow and ice on sidewalk, 39 ALR2d 782. Liability for injury or death of adult from electric wires passing through or near trees, 40 ALR2d 1299. Liability of one negligently causing fire for personal injuries sustained in attempt to control fire or to save life or property, 42 ALR2d 494. Liability for injury to or death of child from burns caused by hot ashes, cinders, or other hot waste material, 42 ALR2d 930. Liability of motor carrier for injury to passenger’s hand in vehicle door, 42 ALR2d 1190. Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 44 ALR2d 238. Liability of landowner for injury or

death of adult falling down unhoused well, cistern, mine shaft, or the like, 46 ALR2d 1069. Liability of carrier to passenger injured by hurling of object through window by a third person, 46 ALR2d 1098. Res ipsa loquitur doctrine with respect to firearms accident, 46 ALR2d 1216. Right of defendant in action for personal injury, property damage, or death, to bring in new parties as cross defendants to his counterclaim or the like, 46 ALR2d 1253. Liability for injury or damage resulting from fire started by use of blowtorch, 49 ALR2d 368. Liability for injury or death from electrification of guy wire, 55 ALR2d 129. Liability for injury or death from collision with guy wire, 55 ALR2d 178. Liability for injury or damage from stone or other object on surface of highway thrown by passing vehicle, 56 ALR2d 1392. Prejudicial effect of admission, in personal injury action, of evidence as to financial or domestic circumstances of plaintiff, 59 ALR2d 371. Liability of air carrier to passenger injured while boarding or alighting, 61 ALR2d 1113. Liability for injuries received in fishing accidents resulting from use of tackle, 61 ALR2d 1262. Liability of liquor furnisher under civil damage or dramshop act for injury or death of intoxicated person from wrongful act of a third person, 65 ALR2d 923. Liability for personal injury to one colliding with or falling over scale or other machine dispensing merchandise or services on public sidewalk, 65 ALR2d 965. Liability for accident from ‘‘jackknifing’’ of trailers or the like, 68 ALR2d 353. Liability of electric power company for injury or death resulting from contact of crane, derrick, or other movable machine with electric line, 69 ALR2d 93. Liability of owner or occupant of premises for injury or death resulting from contact of crane, derrick, or other movable machine with electric line, 69 ALR2d 160; 14 ALR4th 913. Hospital’s liability for injury to patient from heat lamp or pad or hot-water bottle, 72 ALR2d 408.

Liability of one repairing, installing, or servicing gas-burning appliance, for personal injury, death, or property damage, 72 ALR2d 865. Liability of operators or sponsors of soapbox derby for personal injury, 72 ALR2d 1137. Liability for injury or damage from taxiing aircraft, 74 ALR2d 654. Municipal liability for injury or death from collision with rope or clothesline across sidewalk or street, 75 ALR2d 565. Liability for injury to one on or near merry-go-round, 75 ALR2d 792. Air carrier’s liability for injury to passenger from changes in air pressure, 75 ALR2d 848. Liability for personal injury or death based on overloading aircraft, 75 ALR2d 868. Liability of taxicab carrier to passenger injured while boarding vehicle, 75 ALR2d 988. Liability for injury to one servicing airplane, 76 ALR2d 1070. Shipowner’s liability to longshoreman for injuries due to aspects of unseaworthiness brought about by acts of stevedore company or latter’s servants, 77 ALR2d 829. Participation in gambling activities as bar to action for personal injury or death, 77 ALR2d 961. Liability for injury or damage caused by negligent operation of crane, derrick, or the like, 81 ALR2d 473. Liability for injury or damage caused by operation of power machine in snow removal, 81 ALR2d 519. Admissibility, as against objection of remoteness, of evidence as to past earnings, upon issue as to amount of damages in an action for personal injury or death, 81 ALR2d 733. Liability for injury to person in street by glass falling from window, door, or wall, 81 ALR2d 897. Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 85 ALR2d 692. Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 ALR2d 1161.

Custom as to loading, unloading, or stowage of cargo as standard of care in action for personal injury or death of seaman or longshoreman, 85 ALR2d 1196. Liability for injury or death of child in refrigerator, 86 ALR2d 709. Liability for injury or damage caused by bees, 86 ALR2d 791. Liability of consignee for personal injury or death of one other than his employee in connection with carrier unloading operations, 86 ALR2d 1399. Liability of pedestrian to another pedestrian injured as result of collision between them on sidewalk, 88 ALR2d 1143. Liability of doctor or dentist using force to restrain or discipline patient, 89 ALR2d 983. Liability for injury from defective condition or improper operation of lift bridge or drawbridge, 90 ALR2d 105. Shipowner’s liability for injury caused to seaman or longshoreman by cargo or its stowage, 90 ALR2d 710. Liability of operator of skiing, tobogganing, or bobsledding facilities for injury to patron or participant, 94 ALR2d 1431; 95 ALR3d 203. Products liability: toys and games, 95 ALR3d 390. Liability of gas company for personal injury or property damage caused by gas escaping from mains in street, 96 ALR2d 1007; 34 ALR5th 1. Civil liability of one causing personal injury for consequences of negligence, mistake, or lack of skill of physician or surgeon, 100 ALR2d 808. Liability for injury to or death of passenger in connection with a fire drill or abandonment-of-ship drill aboard a vessel, 8 ALR3d 650. Validity, enforceability, and effect of provision in seamen’s employment contract stipulating the maximum recovery for scheduled personal injuries, 9 ALR3d 417. Master’s liability to agricultural worker injured other than by farm machinery, 9 ALR3d 1061. Liability for injury to or death of umpire, referee, or judge of game or contest, 10 ALR3d 446. Propriety and prejudicial effect of reference by plaintiff ’s counsel, in jury trial of personal injuries or death action, to

amount of damages claimed or expected by his client, 14 ALR3d 541. Water distributor’s liability for injuries due to condition of service lines, meters, and the like, which serve individual consumer, 20 ALR3d 1363. Liability under Jones Act or seaworthiness doctrine for injuries caused by assault, 22 ALR3d 624. Skier’s liability for injuries to or death of another person, 24 ALR3d 1447. Contributory negligence or assumption of risk of one injured by firearm or air gun discharged by another, 25 ALR3d 518. Liability of owner or operator of power lawnmower for injuries resulting to third person from its operation, 25 ALR3d 1314. Spouse’s or parent’s right to recover punitive damages in connection with recovery of damages for medical expenses or loss of services or consortium arising from personal injury to other spouse or to child, 25 ALR3d 1416. Hunter’s civil liability for unintentionally shooting another person, 26 ALR3d 561. Municipal liability for personal injury or death under mob violence or antilynching statutes, 26 ALR3d 1142. Liability for injury or damage caused by rocket testing or firing, 29 ALR3d 556. Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 ALR3d 1039. Railroad’s liability for injury to or death of child on moving train other than as paying or proper passenger, 35 ALR3d 9. Liability in connection with fire or explosion of explosives while being stored or transported, 35 ALR3d 1177. Tort liability of public schools and institutions of higher learning for accidents occurring during use of premises and equipment for other than school purposes, 37 ALR3d 712. Tort liability of public schools and institutions of higher learning for injuries due to condition of grounds, walks, and play grounds, 37 ALR3d 738. Liability for injury caused by spraying or dusting of crops, 37 ALR3d 833. Liability of landlord for injury or death occasioned by swimming pool maintained for tenants, 39 ALR3d 824. Liability for injury to guest in airplane, 40 ALR3d 1117.

Liability for prenatal injuries, 40 ALR3d 1222. Anti-hitchhiking laws: Their construction and effect in action for injury to hitchhiker, 46 ALR3d 964. Liability of vendor or grantor of real estate for personal injury to purchaser or third person due to defective condition of premises, 48 ALR3d 1027. Liability for injury or death of pallbearer, 48 ALR3d 1280. Liability of hospital for injury caused through assault by a patient, 48 ALR3d 1288. Liability for injury or death in shooting contest or target practice, 49 ALR3d 762. Master and servant: employer’s liability for injury caused by food or drink purchased by employee in plant facilities, 50 ALR3d 505. Liability of owner or operator of store or similar place of business for injury to child climbing or playing on furniture, fixtures, displays, or the like, 50 ALR3d 1227. Liability for injury to or death of passenger from accident due to physical condition of carrier’s employee, 53 ALR3d 669. Liability for injuries or death resulting from physical therapy, 53 ALR3d 1250. Absolute liability for blasting operations as extending to injury or damage not directly caused by debris or concussion from explosion, 56 ALR3d 1017. Liability of installer or maintenance company for injury caused by failure of automatic elevator to level at floor, 63 ALR3d 996. Liability for injury caused by fall of person into shaft, or by abrupt drop, sudden movement, or stopping between floors, of automatic passenger elevator, 64 ALR3d 950. Liability of installer or maintenance company for injury caused by door of automatic passenger elevator, 64 ALR3d 1005. Liability of owner or operator for injury caused by failure of automatic elevator to level at floor, 64 ALR3d 1020. Liability for injury or death of minor or other incompetent inflicted upon himself by gun made available by defendant, 75 ALR3d 825. Liability of one causing physical inju-

ries as a result of which injured party attempts or commits suicide, 77 ALR3d 311. Civil liability of prison or jail authorities for self-inflicted injury or death of prisoner, 79 ALR3d 1210. Liability of power company for injury or death resulting from contact of radio or television antenna with electrical line, 82 ALR3d 113. Peace officer’s civil liability for death or personal injuries caused by intentional force in arresting misdemeanant, 83 ALR3d 238. Liability of swimming facility operator for injury or death allegedly resulting from condition of deck, bathhouse, or other area in vicinity of water, 86 ALR3d 388. Liability of swimming facility operator for injury to or death of swimmer allegedly resulting from hazardous condition in water, 86 ALR3d 1021. Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 ALR3d 1236. Liability of one negligently causing fire for injuries sustained by person other than firefighter in attempt to control fire or to save life or property, 91 ALR3d 1202. Liability for injuries in connection with revolving door on nonresidential premises, 93 ALR3d 132. Liability of owner or operator of boat livery for injury to patron, 94 ALR3d 876. Liability of private owner or occupant of land abutting highway for injuries or damages resulting from tree or limb falling onto highway, 94 ALR3d 1160. Liability for injury or death form ski lift, ski tow, or similar device, 95 ALR3d 203. Liability for civilian skydiver’s or parachutist’s injury or death, 95 ALR3d 1280. Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from ice or snow on surface of highway or street, 97 ALR3d 11. Architect’s liability for personal injury or death allegedly caused by improper or defective plans or design, 97 ALR3d 455. Liability of taxicab carrier to passenger injured while alighting from taxi, 98 ALR3d 822. Liability of persons furnishing intoxi-

cating liquor for injury to or death of consumer, outside coverage of civil damage acts, 98 ALR3d 1230. Liability of telephone company for injury by noise or electric charge transmitted over line, 99 ALR3d 628. Liability of governmental unit or private owner or occupant of land abutting highway for injuries or damage sustained when motorist strikes tree or stump on abutting land, 100 ALR3d 510. When statute of limitations begins to run as to cause of action for development of latent industrial or occupational disease, 1 ALR4th 117. Liability for injury on, or in connection with, escalator, 1 ALR4th 144. Motor carrier’s liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 ALR4th 1249. Highway construction contractor’s liability for injuries to third persons by materials or debris on highway during course of construction or repair, 3 ALR4th 770. Liability of one who sells gun to child for injury to third party, 4 ALR4th 331. Liability of owner of dog for dog’s biting veterinarian or veterinarian’s employee, 4 ALR4th 349. Liability of governmental unit or its officers for injury to innocent occupant of moving vehicle, or for damage to such vehicle, as result of police chase, 4 ALR4th 865. Actual notice or knowledge by governmental body or officer of injury or incident resulting in injury as constituting required claim or notice of claim for injury - modern status, 7 ALR4th 1063. Excessiveness or adequacy of damages awarded for injuries to head or brain, or for mental or nervous disorders, 14 ALR4th 328. Excessiveness or adequacy of damages awarded for injuries to, or conditions induced in, circulatory, digestive, and glandular systems, 14 ALR4th 539. Excessiveness or adequacy of damages awarded for injuries causing particular diseases or conditions, 16 ALR4th 736. Excessiveness or adequacy of damages awarded for injuries to, or conditions induced in, sensory or speech organs and systems, 16 ALR4th 1127.

Applicability of doctrine of strict liability in tort to injury resulting from X-ray radiation, 16 ALR4th 1300. Liability of theater owner or operator for injury to or death of patron resulting from lighting conditions on premises, 19 ALR4th 1110. Liability of hospital, physician, or other individual medical practitioner for injury or death resulting from blood transfusion, 20 ALR4th 136. Liability for personal injury or death allegedly resulting from television or radio broadcast, 20 ALR4th 327. Modern status of rules as to admissibility of evidence of prior accidents or injuries at same place, 21 ALR4th 472. Liability of blood supplier or donor for injury or death resulting from blood transfusion, 24 ALR4th 508. Width or design of lateral space between passenger loading platform and car entrance as affecting carrier’s liability to passenger for injuries incurred from falling into space, 28 ALR4th 748. Exterminator’s tort liability for personal injury or death directly resulting from operations, 29 ALR4th 987. Liability for injury or death resulting when object is manually brought into contact with, or close proximity to, electric line, 33 ALR4th 809. Liability of land carrier to passenger who becomes victim of third party’s assault on or about carrier’s vehicle or premises, 34 ALR4th 1054. Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 ALR4th 441. Tort action for personal injury or property damage by partner against another partner or the partnership, 39 ALR4th 139. Liability of attorney for suicide of client based on attorney’s professional act or omission, 41 ALR4th 351. Liability of employment agency for personal injury or property damage suffered by employer from acts of referred employee, or by employee from acts of referred employer, 41 ALR4th 531. Liability of land carrier to passenger who becomes victim of another passenger’s assault, 43 ALR4th 189. Liability for injury to martial arts participant, 47 ALR4th 403.

Excessiveness or adequacy of damages awarded for injuries to trunk or torso, or internal injuries, 48 ALR5th 129. Liability for personal injury or death caused by trespassing or intruding livestock, 49 ALR4th 710. Liability to one struck by golf ball, 53 ALR4th 282. Tortious maintenance or removal of life supports, 58 ALR4th 222. Tort liability of private nursery school or daycare center, or employee thereof, for injury to child while attending facility, 58 ALR4th 240. Products liability: toxic shock syndrome, 59 ALR4th 50. Condominium association’s liability to unit owner for injuries caused by third person’s criminal conduct, 59 ALR4th 489. Primary liability of private chain franchisor for injury or death caused by franchise premises or equipment, 59 ALR4th 1142. Liability for injury to customer or other invitee of retail store by falling of displayed, stored, or piled objects, 61 ALR4th 27. Liability to one struck by golf club, 63 ALR4th 221. Liability for injury incurred in operation of power golf cart, 66 ALR4th 622. Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity, 68 ALR4th 228. Liability for injuries caused by cat, 68 ALR4th 823. Prejudicial effect of bringing to jury’s attention fact that plaintiff in personal injury or death action is entitled to workers’ compensation benefits, 69 ALR4th 131. Tort liability for window washer’s injury or death, 69 ALR4th 207. Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 ALR4th 276. Right of child to action against mother for infliction of prenatal injuries, 78 ALR4th 1082. Liability of proprietor of private gymnasium, reducing salon, or similar health club for injury to patron, 79 ALR4th 127.

Liability of cosmetology school for injury to patron, 81 ALR4th 444. Permissibility of in-court demonstration to show effect of injury in action for bodily injury, 82 ALR4th 980. Liability for injury or damage caused by snowplowing or snow removal operations and equipment, 83 ALR4th 5. Application of ‘‘discovery rule’’ to postpone running of limitations against action for damages from assault, 88 ALR4th 1063. Refusal of medical treatment on religious grounds as affecting right to recover for personal injury or death, 3 ALR5th 721. Liability for injury or death from collision with guy wire, 8 ALR5th 177. Prospective juror’s connection with defendant’s insurance company as ground for challenge for cause, 9 ALR5th 102. Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 ALR5th 195. Products liability: lighters and lighter fluid, 14 ALR5th 47. Air carrier’s liability for injury from condition of airport premises, 14 ALR5th 662. Liability of adult assailant’s family to third party for physical assault, 25 ALR5th 1. Liability of owner or operator of shopping center, or business housed therein, for injury to patron on premises from criminal attack by third party, 31 ALR5th 550. Res ipsa loquitor in gas leak cases, 34 ALR5th 1. Liability for injuries to, or death of water skiers, 34 ALR5th 77. Employer’s liability to employee or agent for injury or death resulting from assault or criminal attack by third person, 40 ALR5th 1. Propriety of, and liability related to,

issuance or enforcement of do not resuscitate orders, 46 ALR5th 793. Excessiveness of adequacy of damages awarded for injuries to trunk or torso, or internal injuries, 48 ALR5th 129. Excessiveness or adequacy of damages awarded for injuries to head or brain, 50 ALR5th 1. Excessiveness or adequacy of damages awarded for injuries to nerves or nervous system, 51 ALR5th 467. Liability of participant in team athletic competition for injury to or death of another participant, 55 ALR5th 529. Liability of vendor for food or beverage spilled on customer, 64 ALR5th 205. Liability for donee’s contraction of Acquired Immune Deficiency Syndrome (AIDS) from blood transfusion, 64 ALR5th 333. Prosecution of mother for prenatal substance abuse based on endangerment of or delivery of controlled substance to child, 70 ALR5th 461. Liability of owner, operator, or other parties, for personal injuries allegedly resulting from snow or ice on premises of parking lot, 74 ALR5th 49. Skier’s liability for injuries to or death of another person, 75 ALR5th 583. Comparative negligence, contributory negligence, and assumption of risk in action against owner of store, office, or similar place of business by invitee falling on tracked-in water or snow, 83 ALR5th 589. Admissibility, after enactment of Rule 411, Federal Rules of Evidence, of evidence of liability insurance in negligence actions, 40 ALR Fed. 541. Limitation of liability of air carrier for personal injury or death, 91 ALR Fed. 547. First amendment guaranty of freedom of speech or press as defense to liability stemming from speech allegedly causing bodily injury, 94 ALR Fed. 26. Construction and application of contact sports exception to negligence, 75 A.L.R.6th 109.