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Torts and Personal Injury Resource Guide

This selective guide highlights major print and electronic resources available to Cleveland-Marshall College of Law students researching issues in Torts and Personal Injury Law. Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for help in locating these or other resources to meet your needs.


Some of the links below lead to Westlaw and LexisNexis files, which require a valid student password for access. Some link to records in the Law Library catalog, SCHOLAR.  Use your browser's back button to return to this page.

Introduction

Legislation and Case law

Major Treatises and Practice Guides

Study Aids

Searching Scholar and OhioLINK

Journal Articles and Current Awareness Services

Aggregate Files and Other Web Resources


Introduction: Tort law concerns injuries to and interference with persons or property, including intentional wrongs such as assault, battery and false imprisonment, and unintentional wrongs, especially the law of negligence and products liability. Causation, duty, contributory negligence, assumption of risk and immunities are important tort law concepts.

Legislation and Case law

Federal Tort Claims Act  28 U.S.C., Chapter 171 (via Legal Information Institute) Establishes conditions for which the United States may be held liable for injuries caused by its employees in the scope of their employment

Ohio Court of Claims Act  Ohio Revised Code Ch 2743 et. seq. Establishes conditions for which the state of Ohio can be held liable for injuries caused by its officers and employees.

See also Civil Actions, Ohio Revised Code Chapter 2307 et. seq., Political Subdivision Tort Immunity, Ohio Revised Code Chapter 2744 et. seq.; Employment Intentional Tort, Ohio Revised Code Chapter 2745;  Slander; Libel, Ohio Revised Code Chapter 2739 et. seq. Damages in Tort Actions, Ohio Revised Code 2315.18-21

For analysis of recent Ohio tort reform legislation, see:

2005 Ohio Tort Reform Legislation: An Analysis of Senate Bill 80, Effective April 7, 2005 / James T. O'Reilly. LexisNexis, 2005 KFO195.A9631 2005

Senate Bill 80: Tort Reform / Ohio State Bar Association CLE Institute, 2005 KFO195.A75 S4 2005

Tort Law: Tort Reform Legislation Companion / Christopher M. Ernst, Thomson/West, 2005- (Volume Two) KFO195 .E78 2005

 

LexisNexis - Ohio Tort Cases   Ohio product liability, medical malpractice and personal injury case law decided by the Ohio Supreme Court, Ohio Court of Appeals and various Ohio Miscellaneous Courts.  See also Federal and States Cases --Selected Tort Material  (Includes U.S. Supreme Court, U.S. Court of Appeals, Federal District Courts and State tort Case law for all 50 States plus the District of Columbia, Puerto Rico, Virgin Islands and other U.S. territories as well as specialty courts such as Military Appeals, Customs, Patents, Tax, Trade, Commerce, Veteran Appeals and Bankruptcy).

Westlaw - OHTRT-CS   Cases from Ohio state courts that relate to civil actions for injuries intentionally or negligently caused to persons or property. Coverage begins with 1821. See also Multi State Database - MTRT-CS Cases from the state courts of all 50 states and the District of Columbia that relate to civil actions for injuries intentionally or negligently caused to persons or property.  See also Key Number Service Topics ( Topical Materials by Area of Practice - Tort Law - State Cases - Key Number Service topics).  See also Federal Tort Claims Cases - FEDTORT-CS

CIS Legislative Histories -- U.S. Public laws --Tort Issues from 1970 (via LexisNexis) The file contains histories of laws pertaining to Mass Torts-Accidents law.

American Tort Reform Association's ATRA Tort Reform Record - published twice a year, includes state-by-state summary of ATRA supported reforms enacted since 1986.


Major Treatises and Practice Guides


Selected significant treatises and practice guides in the Law Library collection which provide a foundation in issues of tort law include the following:

The Law of Torts / by Dan B. Dobbs. West Group, 2000 KF1250 .D6 2000   

Prosser and Keeton on the Law of Torts, 5th ed.   / W. Page Keeton, general editor. West Pub. Co., 1984   KF1250 .P73 1984  No longer updated, "Prosser on Torts" was long acknowledged as the standard secondary authority on tort law.

Restatement of the Law, Second, Torts 2d. American Law Institute Publishers, 1965- KF1249.A4 A43  LexisNexis (Legal—Secondary Legal—Restatements—Torts-- Rules; Case citations ) Westlaw (Rest-Torts )

Restatement of the Law, Torts : Apportionment of Liability, as adopted and promulgated   by the American Law Institute. American Law Institute, 2000-   KF1249.A4 R47   LexisNexis (Legal—Secondary Legal—Restatements—Torts---- Rules ; Case citations ) Westlaw ( Rest-Torts )

Restatement of the Law, Torts : Products Liability : as adopted and promulgated by the American Law Institute .   American Law Institute Publishers, 1998 - KF1296 .R477

LexisNexis (Legal—Secondary Legal—Restatements—Torts— Rules ; Case citations ) Westlaw (Rest-Torts)   

A Concise Restatement of Torts / compiled by Kenneth S. Abraham and Albert Clark Tate, Jr   American Law Institute Publishers, 2000 KF1249.A4 A24 2000

Damages in Tort Actions / Marilyn Minzer, editorial director ... [et al.] ;   M. Bender, 1982-   KF1250 .D35  LexisNexis (Legal-Area of Law-By Topic-Torts- Treatises and Analytical Materials - Matthew Bender)

Federal Tort Claims / Daniel A. Morris. West Group, 1993- KF1321 .M67 1993  Westlaw-FEDTORT


Jury Instructions on Damages in Tort Actions
, 5th ed. / Ronald W. Eades   LexisNexis, 2003- KF8984 .E342  LexisNexis (Legal-Area of Law-By Topic-Torts- Treatises and Analytical Materials - Matthew Bender)


The Law of Torts
3d ed. / Fowler V. Harper, Fleming James, Jr., Oscar S. Gray   [ Little, Brown] Aspen, 1996 - KF1250 .H32 1996  v.1  Revising the second edition KF1250 .H32 1986

Stein on Personal Injury Damages  3rd ed.  West Group, c1997-  KF1257 .S7 1997    Westlaw-STEIN  

Tort Law / Christopher M. Ernst  Thomson/West, 2005- (Baldwin's Ohio Practice Series) KFO195 .E78 2005 Currently, the only comprehensive Ohio specific tort law treatise. Volume Two contains complete text and analysis of recent tort reform legislation. Westlaw - OHIOPRAC-TORT

Exploring Tort Law / edited by M. Stuart Madden. Cambridge University Press, 2005 KF1250.A2 .E97 2005

 

 

Study Aids

Ohio Board of Bar Examiners, Outline of Subjects Tested on Essay Portion of Ohio Bar Examination (Columbus, OH: Supreme Court of Ohio 1984-) Reserve KFO 76 .Z9 O8546 Outlines the subjects tested on the essay portion of the Ohio Bar Examination in order to provide a guide to bar examiners in drafting the essay questions. The Torts section in the November 2002 edition provides citation to legal authorities in torts as a convenience to the bar examiners and includes outlines for Intentional torts, Negligence, Causation, Allocation of Liability, Trespass, Nuisance and Strict Liability, Products Liability, Interference with Relationships, Misuse of Legal Process, Wrongful Death and Survival, and Damages.


Torts  3d. ed. / by Edward J. Kionka. West Group, c2002  KF1250.Z9 K527 2002 

Torts in a Nutshell
. 3d ed. / by Edward J. Kionka West Group, 2005 KF1250.Z9 K53 2005 


Toxic Torts in a Nutshell / Jean Macchiaroli Eggen   West Pub. Co., 2005 KF1299.H39 E37 2005  


Mastering Torts : A Student's Guide to the Law of Torts / by Vincent R. Johnson Carolina Academic Press, 3d ed., 2005 KF1250 .J63 2005


Torts-- Proximate Cause / by Joseph A. Page. Thomson/West, 2003 KF1254 .P34 2003


The Law of Torts : Examples and Explanations  3d. ed. / Joseph W. Glannon. Aspen Law & Business, c2005 KF1250.Z9 G58 2005 

Understanding Torts
/ John L. Diamond, Lawrence C. Levine, M. Stuart Madden Lexis Pub., 2000  KF1250 .D53 2000


Principles of Tort Law / by Marshall S. Shapo. West Group, 2003 KF1250.Z9 S53 2003  


The Forms and Functions of Tort Law /
by Kenneth S. Abraham. 2d ed. Foundation Press, 2002 KF1250.Z9 A27 2002

Torts /
by Richard A. Epstein.  Aspen Law & Business, c1999 KF1249 .E673 1999

Torts and Personal Injury Law  3d. ed. /
by William R. Buckley, Cathy J. Okrent. Thomson/Delmar Learning, c2004   KF1250.Z9 B83 2004


CALI (Computer-Assisted Legal Instruction) Tutorials
:

For an introduction to study methods and learning about torts, listen to the CALI podcasts How to Prepare for the Study of Torts Law at CALIRadio. , and Professor Douglas McFarland's Advice to a 1L From a Law Professor (If you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, Students click here)

The following list from the CALI Library of Lessons highlights tort law tutorials available to Cleveland-Marshall College of Law Students.   You must register a personal password with CALI to use these tutorials.  

Assualt and Battery

Assault; Battery Basics; Battery Puzzlers

Damages

Damages for Harms to Interest and Enjoyment; Damages for Harms to Interests in Physical Integrity of Personal Property; Damages for Harms to Possessory Interests in Personal Property; Damages for Harms to Real Property; Damages for Injuries that Cause Death; Damages for Personal Injuries; Fundamentals of Damages for Harms to Personal Property; General Concepts of Damages in Torts

Causation

Causation in Fact; Proof of Causation in Fact; Intervening Cause; Res Ipsa Loquitor; Palsgraf v. Long Island RR Co. podcast


Defamation, Libel, Slander

Basic Issues in Defamation and Privileges; Constitutional Issues in Defamation; Libel and Slander


Intent

Consent as a Defense to Intentional Torts; Intent One:  The Use of Intent in Tort; Intent Two:  Computer-Aided Intent Questions; Intentional Infliction of Mental Distress; Intentional Torts

Negligence

Assumption of Risk; Comparative Fault; Contributory Negligence and Last Clear Chance; Negligence

Premises Liability

Occupier's Liability to Invitees and Licensees; Occupier's Liability to Trespassers

Privacy

Basic Issues in the Right of Privacy; Constitutional Issues in the Right of Privacy


Product Liability

Liability for Defectively Designed Products; Liability for Defectively Manufactured Products


Strict Liability

Strict Liability and Animals; Strict Liability:  Abnormally Dangerous and Ultrahazardous Activities


Torts - other issues

Children and Others of Diminished Capacity; Civil and Criminal Statutes; Conversion; Equitable Remedies - An Overview; False Imprisonment; General Professional Standard; Multiple Defendants; Reasonable Person; The Role of the Jury in Torts Cases; Sprague Case: Child Injury in Tort Law; Trespass to Chattels 



Searching Scholar and OhioLINK: (Scholar hands-on instruction)

Search the main subject heading Torts and Torts – United States   in SCHOLAR, and OhioLINK catalogs as well as the following related subject headings for additional materials:

Abuse of rights Duress (Law) Liability for oil pollution damages Personal injuries
Accident law False imprisonment Liability for water pollution damages Plagiarism
Assault and battery Fraud Libel and slander Proximate cause (Law)
Attractive nuisance Fraudulent conveyances Lost earnings damages Res ipsa loquitur doctrine
Competition, Unfair Government liability Lost profits damages Respondeat superior
Conspiracy Joint tortfeasors Malicious accusation Seduction
Constitutional torts Liability for condition and use of land Malicious prosecution Strict liability
Damages Liability for environmental damages Malpractice Trespass
Danger (Law) Liability for fire damages Negligence Trover and conversion

Discovery abuse

 

Liability for nuclear damages Nuisances Wrongful death


Journal Articles and Current Awareness Services

See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.

     

Selected specialty current awareness materials in Tort and Personal Injury Law include:

Tort Trial & Insurance Practice Law Journal  Tort Trial and Insurance Practice Section, American Bar Association K6 .O78  Also available electronically via LexisNexis Academic; Westlaw - TTPILJ

The National Jury Verdict Review and Analysis  Jury Verdict Review Publications, Inc., 1985-  KF1247.8 .N36   Westlaw - JVRPNAT-JV   LexisNexis


Verdicts, Settlements and Tactics  Westlaw - VST LexisNexis


Aggregate Files and Other Web Resources

Westlaw: Topical Materials by Area of Practice - Torts

( All Databases  - Topical Materials by Area of Practice  - Tort Law)
Searchable databases include state cases relating to civil actions for injuries intentionally or negligently caused to persons or property; expert witnesses, law reviews, texts, bar journals and legal-practice oriented periodicals relating to tort issues; forms, treatises and other practice materials related to tort law; jury verdicts, settlements and judgments.

LexisNexis - Area of Law by Topic - Torts

Searchable databases include federal and state tort cases, court rules, statutes and legislative materials, administrative materials and regulations, legal reference materials, medical & healthcare journals, medical news and references, patents, jury verdicts, Mealey publications, law reviews and journals, treatises and analytical materials, legal and general news.

Findlaw: Injury and Tort Law ; Findlaw Library - Torts

Legal Information Institute: Law About...Tort Law     


LexisONE Legal Internet Guide: Personal Injury and Tort Law

Hieros Gamos Tort Law

Jurist Law Guides: Torts

JRN 8/2004 rev.9/2006

 

 

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