Torts—Attractive Nuisance Doctrine as a Basis for Damages Caused to Third Persons by Trespassing Child

A subrogee insurer sued for damages to a building resulting from acts of children trespassing on adjacent land. Three children, at night, observed a tractor standing unguarded on a job site in a slum district, and began playing. They inadvertently started the tractor, which ran into and damaged the building. Held, recovery against the tractor owner affirmed on the basis of the attractive nuisance doctrine. Following the usual application of this doctrine, there would seem to be no question of liability to the children had they been injured while so trespassing and playing on the tractor. However, as the children were not injured, but caused injury to the property of another, this is an unusual application

If a Tree Falls in a Roadway, Is Anyone Liable?: Proposing the Duty of Reasonable Care for Virginia’s Road-Maintaining Entities

This Note considers whether a duty for road-maintaining entities is tenable under Virginia law. It also explores the rationale for imposing differing liabilities between landowners and road-maintaining entities. Part III reviews the various duties other states use with respect to dangerous roadside trees and concludes that the duty of reasonable care is most appropriate for Virginia. Sovereign immunity is a companion issue and is addressed in Part IV. The Part provides a brief overview of the policy arguments for sovereign immunity, before reviewing immunity’s impact at the state, county, and municipal levels. The Part also addresses a government employee’s entitlement to immunity, before considering a potential legislative solution to some of the present difficulties associated with sovereign immunity. Finally, this Note reviews anticipated impacts in the world of litigation as a result of the duty of reasonable care, before addressing the legal and policy arguments of those who say the impact of such a duty would be negative

The Right to Change Defense or Claim by Amendments to the Pleadings

I. Amendments Generally II. Change in Defense Pleaded from That Used in Pre-Trial Negotiations III. Amendments after Appeal—General IV. Amendments after Remand—Specific Examples V. Conclusio

Inconsistent Jury Verdicts in Civil Actions

I. Vicarious Liability of Co-Defendant … A. General Problem and Solution … B. Joint Tortfeasors as Defendants … C. Indemnity Cases … D. The Comparative Negligence Doctrine II. Derivative Causes of Action … A. General Problem and Solution … B. Power to Grant a New Trial … C. Who May Complain of the Inconsistency III. Separate Cases Consolidated for Trial … A. General Problem and Solution … B. The Right to a Jury Trial IV. Other Related Fact Situations V. General Comments on Inconsistencies … A. Reconciliation of Apparent Inconsistencies in the Verdicts … B. Validity of General Verdicts Based on Alternative Pleas … C. Verdicts Which Are Silent as to One Party Defendant VI. Conclusio

Torts—Attractive Nuisance Doctrine as a Basis for Damages Caused to Third Persons by Trespassing Child

A subrogee insurer sued for damages to a building resulting from acts of children trespassing on adjacent land. Three children, at night, observed a tractor standing unguarded on a job site in a slum district, and began playing. They inadvertently started the tractor, which ran into and damaged the building. Held, recovery against the tractor owner affirmed on the basis of the attractive nuisance doctrine. Following the usual application of this doctrine, there would seem to be no question of liability to the children had they been injured while so trespassing and playing on the tractor. However, as the children were not injured, but caused injury to the property of another, this is an unusual application

Pedophilia: Understanding the Origins and Problems within the Criminal Justice System

Societal stigma, criminal sanctions, and the mental illness or disorder of pedophilia are explored in this paper because of the considerable research gaps that have accumulated over the past decade. Most of the data acquired regarding individuals with pedophilia have been predominantly from male offenders, with most of the information coming from reports to local law enforcement and the FBI. The outcome of multiple studies shows that neuroimaging, associated brainwaves, and related sexual attraction are significantly different for individuals with pedophiliac tendencies than for others. Studies also reveal that research has been limited to prevention techniques and therapy for nonoffenders seeking help as well as the criminal justice system\u27s definition of pedophilia. Most minor-attracted people are subjected to self-reporting, and the definition of pedophiliac tendencies within mental illness is vague and can be misused. Additionally, many reporting systems and avenues exist for professionals working with individuals with pedophilia. Still, mandatory reporting has long been part managing mental illness and the potential for offending or reoffending. Using qualitative research methods, this approach is assessed in light of newer studies and interviews with mental health professionals; examination results show that pedophilia is both a mental disorder and a criminal consideration for which society currently has no established proactive measures to prevent offenses. The need and potential for handling pedophiliac acts before they can occur, the accurate risk assessment of pedophilia in the criminal justice system, and society\u27s view of the topic are all judged based on previous treatment options that have not worked