"... risk. The lower court erroneously instructed the jury that assumption of risk was a complete bar to recovery by the Appellants. ... "
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"... 3. Application of the doctrine of contributory negligence, barring a plaintiff's recovery if that plaintiff is guilty of any negligence, violates the public ... "
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"... The asbestos-related diseases for which the plaintiffs sought recovery included asbestosis, lung cancer and malignant mesothelioma. ... "
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"... One of the essential differences between indemnity and contribution is that contribution does not permit a full recovery of all damages paid by the party ... "
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"... 1995), the Calhouns asserted several bases for recovery (including negligence, strict liability, and breach of implied warranties), and sought damages for lost ... "
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"... boiler, explosion, maintenance, fuel oil, natural gas, high pressure. Accident: 201270311 - Burned By Green Liquid From Recovery Boiler. ... "
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"... negligent medical treatment, regardless of the event that triggered the need for medical treatment, plaintiffs are entitled to an undiminished recovery in a ... "
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"... is coverage if the insured is merely an owner or lessor of premises used for such purposes, if liability is asserted under a common law theory of recovery." Id ... "
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"... pain and suffering, medical expenses and emotional distress. You must file a claim within a certain time or you can lose your right to recovery. ..."
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"The recovery of dopamine transporters may not have been sufficient to ... “Further study in larger samples is required to assess whether recovery of ..."
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"... If the tort of intentional interference with prospective inher- itance is rejected as a theory of recovery, the judgment in favor of Halls must be affirmed. ... "
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"Recovery Is Allowed For Financial & Emotional Losses Under Nevada's Wrongful Death Statute, the deceased's heirs could have a right to receive compensation ..."
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"... and Cunningham before this Court, was reflected in the order of the circuit court entered on September 16, 1994, and resulted in a net recovery of damages for ... "
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""
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"... at 39-40, it denied recovery as a matter of law because all the instrumentalities of DiGiovanni's injury –– the crane, powerpack, and the supply barge deck ... "
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"... unless, for some reason, Connecticut would no longer recognize the exception or unless Eichelberg was so negligent as to be barred from recovery, as a matter ... "
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"... This case arises upon certified question from the Circuit Court of Berkeley County and presents the issue of entitlement to recovery in tort of economic loss ... "
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""
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"... alleging spoliation of evidence against a third party, must first file an action pursuing the underlying cause of action and be denied a recovery in that ... "
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"... eve of trial, the parties representing Haba's estate were not the same; (3) the two cases involved different parties and different theories of recovery; and (4 ... "
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"... In a civil action for recovery of damages for personal injuries in which the jury returns a verdict for the plaintiff which is manifestly inadequate in amount ... "
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"... defendant was guilty of primary negligence and that such negligence was the proximate cause of the injury for which the plaintiff seeks a recovery of damages ... "
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"... had met its burden of proving its affirmative defense that the club had been unreasonable in its use of the heater, thus preventing Cigna's recovery on the ... "
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"... plaintiff; that experts may testify in legal malpractice cases; and that the plaintiff in a state employment law case did not receive an illegal double recovery ... "
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"... See King, 855 F.2d at 1488 n. 1 ("The FELA allows recovery in a broad range of situations, while liability under the [F]BIA only occurs under narrow ... "
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"... The premise underlying the Colemans' position is that State Farm's appearance in its own name will necessarily reduce the amount of their recovery.(6) This ... "
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"... damages. The trier of fact may reduce the injured party's recovery for medical damages by an amount not to exceed five percent thereof. ... "
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"... endorsement provides that: We will pay for damages because of bodily injury to your employees for which the law holds you responsible and recovery is permitted ... "
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"... of skiing. The Act prohibits recovery even though the injured party was not actively skiing or even wearing skiing equipment. If ... "
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"... But notwithstanding what a few courts have said, a claimant who seeks recovery on this basis must, according to the generally accepted view, prove that the ... "
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"... because an unjust and unnecessary result has been reached that clearly violates established principles of public policy that favor recovery where persons are ... "
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"... was proper. Absent a duty, there can be no breach, and thus, no basis for recovery under a negligence theory.”). Cf. Ads-Anker ... "
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"... assuming it was the shoving that caused him to fall off the porch _ but we have made clear that “negligence or gross negligence will not bar recovery under a ... "
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"... (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. ... "
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"... one who accepts and uses a chattel knowing that he is incompetent to use it safely will usually be in such contributory fault as to bar recovery." Ward Miller ... "
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"... BHC Windsor Hospital - Located outside Cleveland, providing therapeutic and recovery services for the individual struggling with emotional and adjustment ... "
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"... He was aggressively treated for six days with little neurological response; his prognosis was deemed poor, with only a 5 to 10 percent chance of recovery. ... "
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"... (Kennewick); Lake Chelan Community Hospital - Describes behavioral care, addiction treatment, and trauma recovery services. Presents ... "
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"... We found the parents were contributorily negligent and barred them from any recovery because their children's employment violated certain statutes. ... "
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"... done these tests, the appellant argues the cancer would have been detected in 1991 or 1992, when Mr. Mays' chances of a successful were recovery were as high ... "
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"... SE.2d 766 (1979): "'When the plaintiff's evidence, considered in the light most favorable to him, fails to establish a prima facie right of recovery, the trial ... "
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"... asserting that if Congress had intended to exempt employer-vessel owners from negligence suits, then the sentence in section 905(b) barring recovery from them ... "
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"... of action based upon the "common" or case law of the several states, but also causes of action codified in state statutes that permit recovery for negligence ... "
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"... that under the harrowing and perilous circumstances in which [the plaintiff] found herself, her conduct was not such negligence as to preclude recovery." Id., W ... "
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"... Div. 1929) (denying recovery for death of plaintiff's decedent, who was found unconscious at foot of stairway which, in violation of a statute, was unlighted ... "
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"... The trier of fact may reduce the injured party's recovery for medical damages by an amount not to exceed five percent thereof. W. Va. ... "
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"The Bystander Recovery Rule applies to a plaintiff who ... Thus, the limitations of bystander recovery do not bar Maldonado's claim entirely. ..."
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"They also demonstrated that rate of recovery differed by age at injury, ... However, this study did not attempt to differentiate recovery from maturation, ..."
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"... it was legally inconsistent for the jury to find that Defendants breached their express and implied warranties, where both theories of recovery were premised ... "
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"... its decision as being in line with "the clear trend of the common law" and the need to provide "functional rather than arbitrary rules for recovery in warranty ... "
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"... Lastly, the Court concluded that if further development of the record and the plaintiffs' theories of recovery revealed that the Lohrs' action included a claim ... "
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"... The settlors clearly understood that although the plaintiff had not yet formulated a legal theory of recovery against Dico, the plaintiff was clearly aware ... "
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"NRS 18.080 Effect of tender in action for recovery of money. ... (b) Without regard to the recovery sought, when the court finds that the claim, ..."
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"... Rather, we read the statute as the Legislature's recognition of the fact that where recovery is sought against the State's liability insurance coverage, the ... "
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"... 1131-49.*** any negligence on the part of the plaintiff bars recovery of any damages from defendants, referred to as contributory negligence.***Footnote 7 ... "
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"In other words, the district court concluded that (1) the recovery cap applies only ... New Mexico's recovery cap provides: "Except for punitive damages and ..."
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"And those questions can be asked, but the specific recovery by the plaintiff will not be allowed and again as appropriate may be a setoff to any damage ..."
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"Berryhill Computer Forensics - Computer evidence recovery and consulting ... Ontrack - Computer forensics and data recovery service, located in Minnesota. ..."
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"After more severe sleep restriction (eg, the 3-hr group), recovery of performance was not complete after 3 consecutive nights of recovery sleep (with 8 ..."
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