Cutting Down Damages Awards in Timber Trespass Cases

The Alaska Supreme Court recently heard two cases addressing damages awards for timber trespass claims. Both cases, Wiersum v. Harder and Chung v. Park , emphasized the difficulty of obtaining restoration damages and the close scrutiny given to the size of the damages award itself. This Note explores the history of timber trespass and the current method by which courts determine the appropriate damages award. The Note also proposes a possible alternative to the current reticence toward restoration damages in which the plaintiff may elect to receive restoration damages but would be required to use those damages to restore their trees

Recovery of “Intrinsic Value” Damages in Case of Negligently Killed Pet Dog

The North Carolina Court of Appeals, in a case where negligent killing of a pet dog with no market value was admitted, has denied recovery of “intrinsic” damages (also called “actual” damages). Shera v. NC State University Veterinary Teaching Hospital, 723 S.E.2d 352 (N.C. App. 2012). Because the holding is narrow and the type of damages denied are not the same as emotional damages, a close look at the decision is warranted

Harm and Money: Against the Insurance Theory of Tort Compensation

Since the 1980s, tort damages for pain and suffering have excited hue and cry. Twenty-three states currently place statutory limitations on tort damages for pain and suffering: seven states cap damages in general tort cases; an additional sixteen states limit awards solely in medical malpractice cases. Several states also have provisions limiting damages in other, very specific types of tort cases. While some statutes have been invalidated on state constitutional grounds, others have survived judicial scrutiny. At the federal level, both the House of Representatives and the Senate have passed tort-reform bills. Although no compromise legislation has been enacted, this is the first time that both chambers of Congress have passed bills limiting recovery for pain and suffering. Against this political backdrop, a number of leading legal economists have advanced the insurance theory of tort compensation to justify the elimination of tort damages for pain and suffering. The insurance theory\u27s roots lie in neoclassical economics, and it adopts the broader discipline\u27s guiding normative principle of economic rationality to decide the sorts of injuries for which a victim ought to be able to recover damages in tort. The insurance theory\u27s central premise is that accident victims should not recover damages for injuries against which it would not have been economically rational to insure. In other words, if an economically rational agent would not purchase first-party insurance for a certain type of injury, tortfeasors should not be required to pay damages for it. Insurance theorists conclude that rational actors would not insure against nonpecuniary losses, and therefore accident victims should not be able to recover tort damages for them

Spoiled holidays: Damages for disappointment or distress

Generally damages for disappointment or distress following a breach of contract will not be awarded to the innocent party under common law. However where the object of the contract is to provide relaxation or enjoyment, for example, an ocean cruise or a package holiday, damages may be recoverable for disappointment or distress. Damages of this type may also be awarded where there is a breach of the consumer protection provisions of the Trade Practices Act 1974 (Cth). This paper discusses a number of ‘spoiled’ holiday cases where damages were awarded for disappointment or distress. The liability of travel service providers under the Trade Practices Act 1974 (Cth) is also discussed

Effects of climate change on the dispersion of white grub damages in the Austrian grassland

Recent changes in occurrence of agricultural pests in Austria might already reflect climate change phenomena. In this study, an inventory of white grub (Melolontha melolontha, Amphimallon solstitiale and Phyllopertha horticola) damages in Austrian grassland including organic cultivation was performed by questioning plant protection consultants of 74 Agricultural County Chambers. Altogether, a cumulated 14.800 hectares of white grub damages were recorded. From 2000 onwards, a steady increase of white grub damages occurred with a climax in the year of heat and drought 2003. The infested fields extended along the alpine main ridge from Vorarlberg up to the alpine foreland. Additionally, southern slopes of the Danube valley in Upper and Lower Austria were affected. Very likely, the damages were mainly due to the garden chafer P. horticola. From 2004 to 2006, the extent of damages decreased again all over Austria. By studying meteorological data, it became obvious that the damaged areas were mainly situated in regions with a strong precipitation deficit. On-farm investigations performed in 2007 strengthened the hypothesis that drought and elevated soil temperatures might be the decisive factors for a strong development of grub populations and subsequent feeding damages. Additionally, drought can increase the effects of grub damage by delaying the regeneration of the damaged sward. A strongly damaged sward on slopes can be dangerous for the farmers e.g. by slipping machines

unreinforced masonry buildings

A recent earthquake of M=4.9 occurred on 29 October 2007 in C, ameli, Denizli, which is located in a seismically active region at southwest Anatolia, Turkey. It has caused extensive damages at unreinforced masonry buildings like many other cases observed in Turkey during other previous earthquakes. Most of the damaged structures were non-engineered, seismically deficient, unreinforced masonry buildings. This paper presents a site survey of these damaged buildings. In addition to typical masonry damages, some infrequent, event-specific damages were also observed. Reasons for the relatively wide spread damages considering the magnitude of the event are discussed in the paper

The Frequency, Predictability, and Proportionality of Jury Awards of Punitive Damages in State Courts in 2005: A New Audit

The state of punitive damages in the United States has been a controversial topic for more than three decades, resulting in litigation reaching the U.S. Supreme Court and state supreme courts. Various business advocacy groups have sought to drastically curb or eliminate punitive damages while plaintiffs’ lawyers and consumer groups vigorously defend the use of punitive damages. State legislatures have responded with many substantive and procedural reforms over the years. Yet, in Exxon Shipping Co. v. Baker, the United States Supreme Court, while approvingly citing empirical evidence indicating that there are “not mass-produced runaway awards” and that “by most accounts the median ratio of punitive to compensatory awards has remained less than 1:1, once again expressed concerns about punitive awards exceeding a single-digit ratio to compensatory damages and the predictability of punitive awards. A full understanding of the issues involved in the punitive damages controversy requires consideration of the causes of action, the magnitude of both compensatory and punitive claims, the ratios of these two outcomes, and a qualitative understanding of the nature of punitive awards. This article presents a profile of punitive damages awarded by juries in 2005 using the U.S. Bureau of Justice Statistics’ Civil Justice Survey of State Courts. We supplement the BJS survey with an additional sample of punitive damages claims from nine states in 2005. This additional database provides more details about the disputes and procedural matters associated with the trials. The data show that there are case-type patterns in the awarding of punitive damages that contradict claims about punitive awards, especially those involving product liability cases, and that the ratio of punitive to compensatory damages is a complex matter not easily resolved without consideration of the underlying factual bases of the claims

Modelling of impact damage and permanent indentation on laminate composite plate

This paper deals with impact damage and permanent indentation modelling. A model enabling the formation of damages developing during a low velocity / low energy impact test on laminate composite panels has been elaborated. The different impact damages developing during an impact test, i.e. matrix cracking, fibres failure and interfaces delamination, are simulated. The interlaminar damages, i.e. interfaces delamination, are classically simulated thanks to interface finite elements based on the fracture mechanics. The particularity of this model is to account for the intralaminar damages, i.e. matrix cracks, thanks to interface finite elements which respect their discontinue character. These interface elements allow equally to simulate the permanent indentation during the impact unloading. This impact mark modelling is very original in the literature, and should allow to entirely design a composite structure thanks to impact damage tolerance