Sentences with phrase «alleged tortfeasor»

The Court additionally re-stated its earlier approach to flexibility and commercial efficiency in addressing issues of contested jurisdiction, confirming that a connection between the claim and the contract made in the province where the party seeks jurisdiction to be assumed is enough — and «a connection» did «not necessarily require that an alleged tortfeasor be a party to the contract.»

Susan Field and Stephen Green prevail on appeal as to third party claimants» attempt to initiate a declaratory relief lawsuit against its alleged tortfeasor's insurer.

Not exact matches

Cases such as Gray pose the question of whether the claimant, having been convicted of a crime, can seek compensation from the tortfeasor for imprisonment flowing from that conviction, it being alleged that the crime would not have been committed but for the defendant's tort.

In most cases, it's a judgment in favor of the plaintiff (the injured person) when the defendant (the tortfeasor / alleged wrongdoer) has failed to respond to a summons or appear in court.

I would not say, certainly not on this application today, that a person who had suffered a catastrophic injury involving quadriplegia or brain injury or the like could feel free not to take a positive step such as taking out a newspaper advertisement or posting an internet classified advertisement in an attempt to locate a tortfeasor, no matter how remote the chances of that being successful might seem; but in this case, given the claimant's relatively modest injuries as alleged and as attested to in his statement, I do not think that would have been a reasonable requirement on his part.

The Court held that it need not find a «special relationship» between Crane Co. and Ms. Jones to impose a duty because the plaintiffs allegations were based upon Crane Co.'s own alleged misfeasance in utilizing asbestos - containing products and not on an alleged failure of Crane Co. to protect against the actions of a third - party tortfeasor.

Wrongful death claim by family against tortfeasor involving alleged fraudulent transfer of assets