Impairments while recovering from surgery could qualify as a “disability” despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act.
Cases of Interest
Drivers parking alongside freeways are not exempt from the duty of drivers to exercise ordinary care for others in their use of streets and highways.
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A school district does not have a duty to review alarm data and video recordings in order to constantly monitor all teachers, students, and campus visitors nor is a duty owed to monitor a specific teacher and student, unless the District knows or should have known of improper conduct, because imposing such a duty would be unreasonable.
A plaintiff’s damages for professional negligence are not reduced under MICRA if the court finds reckless neglect of a dependent adult under the Elder Abuse Act; If an employer- defendant recklessly or maliciously operates their place of business, a reasonable jury could find that the defendant is more responsible for an injury than an intentional tortfeasor; Under respondent superior, an employer may be liable to a plaintiff for the sexual misconduct of its employee if the circumstances of the employees job description makes the sexual misconduct a foreseeable hazard.
An executed and express assumption of risk by a high school football player and his guardian relieves a school district from liability for alleged negligence during a football game.