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Topic: Gross negligence

	USA Gross Negligence Lawyer, USA Gross Negligence Attorney, USA Gross Negligence Law, USA Gross Negligence Lawsuit - ... (Site not responding. Last check: 2007-10-26)
		Negligence is the failure to exercise the appropriate degree of care that would be expected.
		Proving a gross negligence charge requires that the defendant knew of the danger to another and had the ability to prevent injury-gross negligence also requires that the defendant failed to use ordinary care to prevent injury through their negligence, under circumstances when a reasonable person would have seen that serious injury was likely.
		"Gross negligence" is sometimes compared with "willful and wanton misconduct," and is understood in many states to involve an act or omission in reckless disregard of the consequences affecting the life or property of another.
	www.usa-legalhelpcenter.com /Gross_Negligence.php (494 words)

	Criminal negligence - Wikipedia, the free encyclopedia
		In the criminal law, criminal negligence is one of the three general classes of mens rea (Latin for "guilty mind") element required to constitute a conventional as opposed to strict liability offence.
		Negligence shows the least level of culpability, intention being the most serious and recklessness of intermediate seriousness, overlapping with gross negligence.
		Negligence arises when, on a subjective test, an accused has not actually foreseen the potentially adverse consequences to the planned actions, and has gone ahead, exposing a particular individual or unknown victim to the risk of suffering injury or loss.
	en.wikipedia.org /wiki/Criminal_negligence (1201 words)

	Gross - Wikipedia, the free encyclopedia
		in anatomical pathology, gross examination means identification of disease with the naked eye.
		In mysticism, the gross realm is the physical, bodily realm, as opposed to the subtle realm of mind, the causal realm of form, and the nondual.
		Jenny Gross, Austrian actress; born at Szanto, Hungary
	en.wikipedia.org /wiki/Gross (206 words)

	5 (Site not responding. Last check: 2007-10-26)
		Gross negligence is the want or absence of, failure to exercise slight care or diligence.
		Gross negligence occurs on the continuum between ordinary negligence and intentional misconduct.
		Negligence is the failure to exercise ordinary or reasonable care; that is: what would be the conduct of an ordinarily prudent, careful person in the same or similar circumstances as the defendant found himself.
	www.judiciary.state.nj.us /civil/charges/509.htm (744 words)

	[No title]
		GROSS NEGLIGENCE The Chapmans next complain that the trial court erred in setting aside the jury verdict based on its holding that, as a matter of law, the actions of the City did not constitute gross negligence.
		Contrary to the trial court's conclusion that the reliance on negligent acts defeated the nuisance count, we conclude that a finding of negligence is one of the two alternative prerequisites required to impose liability on a city in a nuisance cause of action.
		Similarly, we rejected a claim that a mother was contributorily negligent when her eleven-year- old son was struck by a truck unloading coal, because she failed to keep the boy in the house during the unloading of the coal.
	www.courts.state.va.us /txtops/1951969.txt (2350 words)

	Yancey v. Lea, 354 NC 48 (366A00) 08/17/2001
		Contributory negligence is not a bar to a plaintiff's recovery when the defendant's gross negligence, or willful or wanton conduct, is a proximate cause of the plaintiff's injuries.
		In the area of motor vehicle negligence, it appears there are no cases wherein the appellate courts of this state have held that a gross negligence instruction should have been given in the context of a simple passing and turning scenario, such as in the instant case.
		In his brief, plaintiff acknowledges that this Court has not applied the issue of gross negligence in the context of a tractor-trailer passing an automobile while the latter was signaling a left turn, and in that regard, plaintiff asserts that the case of Carr v.
	www.aoc.state.nc.us /www/public/sc/opinions/2001/366-00-1.htm (2884 words)

	Understanding Negligence
		"Gross negligence" is sometimes compared with "willful and wanton misconduct," and is understood in many states to involve an act or omission in reckless disregard of the consequences affecting the life or property of another.
		Potential defendants in a negligence case could include the individual(s) who caused the injury, the facility where the injury occurred, the owner of the property, and the owner of the horse(s) that caused the injury.
		Negligence lawsuits have asserted that the defendant’s failure to properly supervise the plaintiff caused the injury.
	www.eqgroup.com /Library/eqlegal1.htm (1046 words)

	Legal Definition of Negligence
		Negligence is a 'legal cause' of damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such damage, so it can reasonably be said that if not for the negligence, the loss, injury or damage would not have occurred.
		Negligence may be a legal cause of damage even though it operates in combination with the act of another, a natural cause, or some other cause if the other cause occurs at the same time as the negligence and if the negligence contributes substantially to producing such damage.
		In those contracts which are made for the sole benefit of the creditor, the debtor is responsible only for gross negligence, good faith alone being required of him, as in the case of a depositary who is a bailee without reward.
	www.lectlaw.com /def2/n010.htm (700 words)

	Gross Negligence Statutory Definition
		The term "gross negligence" is most frequently used in Michigan in statutes granting qualified immunity from suit to individuals and organizations engaged in governmental activities or public service.
		A third suggestion, made by Commissioner George Ward, was to amend all the statutes that used the alternative formulation of "gross negligence, or wilful or wanton misconduct," and substitute this with three levels of culpability: ordinary negligence, gross negligence, and intentional conduct, with the GTLA definition for gross negligence.
		Thus, the present definition of "gross negligence" in the GTLA and in 1995 P.A. 249 traces its pedigree to the Restatement (Second) of Tort's definition of recklessness.
	council.legislature.mi.gov /files/mlrc/1996/gross.htm (1467 words)

	AB 1000 Assembly Bill - Bill Analysis (Site not responding. Last check: 2007-10-26)
		Gross vehicular manslaughter while intoxicated is punishable by imprisonment in prison for four, six or ten years.
		The courts have been clear in stating that gross negligence cannot be determined merely because the defendant was intoxicated and violated a traffic law, the entire set of circumstances has to be evaluated.
		It is because of this fact, that those who act with the "who cares" attitude of gross negligence, who have no concern for the consequence of their actions, are punished more severely.
	info.sen.ca.gov /pub/bill/asm/ab_0951-1000/ab_1000_cfa_20060109_123831_asm_comm.html (1519 words)

	Negligence and Injury Lawsuits
		Gross negligence is typically defined as a negligent act which also satisfies this additional element: "The defendant acted with reckless disregard for the lives and safety of others".
		To prevail in a negligence action, the plaintiff must establish that the defendant's conduct was the proximate cause of the plaintiff's injury.
		Malpractice - Professional negligence claims allege that a professional (such as a doctor or lawyer) failed to fulfill a duty to the plaintiff in a manner consistent with the standard of care owed by the professional.
	www.attorneys-usa.com /negligence/negligent_injury.html (1219 words)

	[No title]
		Gross negligence means lack of even slight care, indicative of reckless disregard for duty.
		The court stated that before the auditors may be held liable for ordinary negligence to a third party (1) the auditors must have knowledge of reliance on the financial statements by that party for a particular purpose, and (2) some action by the auditors must indicate that knowledge.
		Gross negligence may be considered constructive fraud, because the auditors are misleading the public as to the degree of credibility that they are able to add to the statements.
	www.humboldt.edu /~rlh3/BA459/ch04sm.doc (3077 words)

	Gross Negligence Texas Personal Injury Lawyers - Houston, Dallas & San Antonio Personal Injury Attorneys
		Negligence is the failure to exercise the appropriate degree of care that would be expected.
		Gross negligence: more than careless, this is the failure to use even the slightest amount of caution.
		Proving a gross negligence charge requires that the defendant knew of the danger to another and had the ability to prevent injury-gross negligence also requires that the defendant failed to use ordinary care to prevent injury through their negligence, under circumstances when a reasonable person would have seen that serious injury was likely.
	www.jimadler.com /gross_negligence.cfm (514 words)

	Negligence and Tort Law
		Gross negligence means conduct or a failure to act that is so reckless that it demonstrates a substantial lack of concern for whether an injury will result.
		It is sometimes necessary to establish "gross negligence" as opposed to "ordinary negligence" in order to overcome a legal impediment to a lawsuit.
		Where "contributory negligence" principles are applied, if the plaintiff in any way contributed to his or her own injury, the plaintiff is barred from recovering damages.
	www.expertlaw.com /library/personal_injury/negligence.html (1239 words)

	Rivera v
		In this opinion, the Court of Appeals says that the defendant’s conduct was not gross negligence or willful and wanton misconduct, which were excluded from the scope of the release, so the plaintiff’s lawsuit is barred by the release.
		However, the record is unclear whether plaintiff in fact raised the gross negligence issue at the motion hearing, and whether the trial court specifically addressed or ruled on this issue.
		During the hearing on defendant's motion for summary disposition, it appears that plaintiff made the argument that Michigan law regarding "wilful and wanton misconduct" and "gross negligence" was "confused," and that, for all intents and purposes, the former was the equivalent of the latter.
	tarlton.law.utexas.edu /dawson/cases/release/rivera.htm (1505 words)

	59 Wn.2d 280, EDWARD J. CROWLEY, as Administrator, Appellant, v. RODNEY BARTO et al., Respondents
		His specific objection is that the instruction erroneously attempted to define the term "gross negligence" as used in RCW 46.08.080.
		Both appellant and respondents agree that RCW 46.08.080 governs the rights and liabilities of the parties herein, and, to reiterate, the sole question to be resolved by this appeal concerns the trial court's interpretation of the term "gross negligence" as it is embodied in the statute.
		Failure to use slight care, therefore, cannot be equated with gross negligence, because it is as logical for the want of slight care to indicate ordinary negligence as it is to indicate gross negligence.
	www.mrsc.org /mc/courts/supreme/059wn2d/059wn2d0280.htm (2008 words)

	Psychiatrist Surrenders License for Gross Negligence
		Michael Dietrick surrendered his license to practice psychiatry after the California Medical Board’s investigation found him guilty of two counts of Gross Negligence and one count of Negligence.
		Among the many crimes Dietrick was found guilty of, it was discovered that during therapy sessions, Dietrick pressured his victim into investing over $150,000 in a company that the psychiatrist worked for as a consultant.
		One of the charges Dietrick was found guilty of was Grossly Negligence.
	www.cchr.org /index.cfm/12648 (387 words)

	Duhaime's Canadian Law Dictionary : N-O
		Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances.
		Between negligence and the intentional act there lies yet another, more serious type of negligence which is called gross negligence.
		Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another.
	www.duhaime.org /dictionary/dict-no.aspx (1485 words)

	CATHOLIC ENCYCLOPEDIA: Negligence
		Negligence, according to St. Thomas, is initially at least a lack of promptness of will, and is quite distinguishable from torpor or slipshodness in execution.
		Negligence is a factor to be reckoned with in determining the liability of one who has damaged another in any way.
		The civil law may and does impose the obligation of reparation for harm wrought not only where ordinary and gross negligence are shown, but also at times when only slight negligence holds good likewise in conscience, once the decision of the judge decreeing it has been rendered.
	www.newadvent.org /cathen/10737b.htm (378 words)

	Atherton v. Federal Deposit Insurance Corporation, 519 U.S. 213 (1997). (Site not responding. Last check: 2007-10-26)
		We begin by temporarily setting the federal "gross negligence" statute to the side, and by asking whether, were there no such statute, federal common law would provide the applicable legal standard.
		To have pre-empted state law with a uniform federal "gross negligence" standard would have cured the problem in some instances (where state law was weaker) but would have aggravated it in others (where state law was stronger).
		Without that assumption, the need for a "gross negligence" floor in the case of federally chartered banks, is identical to the need in the case of state chartered banks.
	supct.law.cornell.edu /supct/html/95-928.ZO.html (4468 words)

	Good Samaritan/Fireman's Rule Report - ATTACHMENT D
		"Gross negligence" means the failure to exercise even a slight degree of care, regardless of any intent to inflict an injury or of any reckless disregard of consequences.
		This new section provides that a cause of action in gross negligence for injuries sustained under section 1 or 2 shall be recognized by the courts.
		But it is still true that most courts consider that "gross negligence" falls short of a reckless disregard of consequences, and differs from ordinary negligence only in degree, not in kind.
	www.cga.ct.gov /lrc/recommendations/GoodSamaritanFiremansRuleFinalRptAttD.htm (1450 words)

	[No title]
		After hearing oral arguments on defendant's motions for summary disposition, the trial court held that the parties are bound by the liquidated damages provision in the lease, and therefore, defendant's liability for ordinary negligence is limited to $250.
		Gross negligence is defined as conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
		To establish its gross negligence claim, plaintiff presented testimony from Richard Cantor, the president of an alarm company in New York, who identified several instances of alleged reckless conduct by defendant which, in his opinion, constituted gross negligence.
	www.michbar.org /opinions/appeals/1999/102999/5446.html (1145 words)

	53 Wn. App. 879, LIBERTY FURNITURE v. SONITROL
		Court of Appeals: Holding that gross negligence on the part of the defendant was sufficient to render the liquidated damages provision inapplicable, the court AFFIRMS the judgment.
		Willful or wanton misconduct falls between simple negligence and an intentional tort and is sufficient where an actor "'know[s], or has reason to know, of circumstances which would bring home to the realization of the ordinary reasonable [person] the highly dangerous character of his conduct.'" JENKINS v.
		However, by applying the standard of gross negligence, the jury should understand there is a quantum of care somewhere between ordinary negligence and that defined as willful or wanton misconduct noted earlier.
	www.mrsc.org /mc/courts/appellate/053wnapp/053wnapp0879.htm (806 words)

	interFIRE, A site dedicated to improving fire investigation worldwide.
		An appellate court must sustain a gross negligent finding if legally sufficient evidence shows both that the complained of act or omission was likely to result in serious harm and that the defendant was consciously indifferent to the risk of harm.
		Under the objective element of gross negligence, "extreme risk" is not a remote possibility of injury or even a high probability of minor harm, but rather the likelihood of serious injury to the plaintiff.
		Under the second element of gross negligence, "actual awareness" means that the defendant knew about the peril, but its acts or omissions demonstrated that it did not care.
	www.interfire.org /features/legalview.asp?date=07022001 (4703 words)

	Tort Litigation EFlash October 4, 2001
		We hear it all the time: the plaintiff’s attorney (who knows his client has a contributory negligence problem) contends that what appears to be our client’s garden variety negligence is actually gross negligence.
		While not truly breaking new ground, the Yancey decision confirms that gross negligence must include willful and wanton conduct and that willful and wanton conduct is an intentional act done with a conscious disregard of the risks to the rights and safety of others.
		The Supreme Court noted that in automobile cases, gross negligence has historically been confined to cases involving one or more of three behaviors: the defendant is intoxicated, the defendant is driving at excessive speeds, or the defendant is engaged in a racing competition.
	www.poynerspruill.com /infocenter/tort_litigation/eflash10_04_01.asp (497 words)

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