Torts: In the Absence of Parents: Expanding Liability for Caretaker's

Maguire v. Hilton Hotels Corp. : 1995 : Supreme Court of Hawaii

Keyword Name » SupCt - CtApp Docket Date 264 Kan. 629 (957 P2d 409) No. 78,269 TERRY FETTKE, Appellant/Cross-Appellee, v. CITY OF WICHITA, Appellee/Cross-Appellant. SYLLABUS BY THE COURT In a case involving a claim brought by a police officer seeking damages for emotional distress and stress-related physical injuries resulting from the release of his name to. Every police recruit's training includes reading every provision in the policy manual. They are tested on it. Fettke was taught that Section 706.05 meant exactly what it said, with no exceptions. However, he also believed that threats on a police officer's life are "just part of that police officer's duty." The deputy police chief admitted verifying Barnes' and Fettke's names to the press as being involved in the shooting, on the morning following the shooting.

The claim is based on a violation of police department policy, i.e., releasing the officer's name to the news media after a fatal shooting. The district court, in granting summary judgment for the city, found no independent duty owing to the officer and thus the city was immune under the K.S.A.

The Restatement (Second) of Torts 314 (1965) states: The fact that the actor. Gov t Code Section: 820.2, because the decision not to warn was a matter of. Although Fettke's conduct was investigated and later cleared, newspaper accounts raised questions about whether Fettke had fired shots at Mitchell after Mitchell was already down. Fettke has experienced chest pains, nightmares, loss of sleep, stomach problems, and marital problems because of the aftermath of the shooting incident. Apr 17, 1998. Section 706.05 of the 1995 Policies and Regulations Manual reads:. Fettke relies on Restatement (Second) of Torts 314B(1) (1963 which). Fettke described several instances that happened to him after he returned to work. Individuals would see Fettke's name tag at a car stop and say things like, "You're the one who killed Corky in cold blood and your time's coming." Shortly after the shooting incident, Fettke's wife, who worked at the hospital where Mitchell had died. (1) Unless excluded or modified (Section 2-316 a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a). The issue is whether the district court erred in holding that the city was immune from liability under K.S.A. 75-6104(d). Was the district court correct in reasoning that the city owed no duty of care to Fettke not to release his name to the media in connection with the fatal shooting incident, independent of the Policies. He could not recall any shooting incident when the name of the officer was released to the media. The current chief acknowledged that Fettke's safety should have been a factor considered before the release of his name. Fettke was told of T-shirts with Corky Mitchell's picture on the front and words similar to "give Fettke justice" or "Corky gone but not forgotten" on the back. Fettke learned of a local radio broadcast in which various people expressed strong feelings that justice was not being done to Fettke. MICHELLE B. VIVEIROS. 410 Mass. 314. December 6, 1990 - June 5, 1991. See Restatement (Second) of Torts, Section 588 comment a (1977). It is more. Law with respect to the shares purchased on the NYSE, ruling that the arbitration clause, and the investors inferred consent to the clause, did not extend to these investors claims under U.S. (News Bulletin - May 2, 2010) GULF OIL SPILL UPDATE - Food shortages and price increases likely! (News Bulletin - May 1, 2010) Gulf Oil Spill May Be Worse Than Alaska's Exxon Valdez! In the other, the control, the factor being tested is not applied. The Wagon Wheel Gap study found that forest harvesting, at first, increased annual water yield compared to the control watershed, however, the water yield increase became smaller as new trees and vegetation began to grow back. If you're thinking about enrolling in online schools in Florida, it can be helpful to surround yourself with an existing culture of learning. Studying alongside other students in libraries and coffee shops can help keep your head in the game and your mind on the material. An international, peer-reviewed, open access journal publishing original research, reports, reviews and commentaries on all areas of organic chemistry. Попросил у чиновников понимания и снисходительности, в конце зачем-то приписал: «Искренне ваш». Мне было очень стыдно. В АТР мне поверили или сделали вид, что поверили. И забыли про эту историю. О НЕЧЕСТНОЙ ИГРЕ - Я специально поддался Майклу Чангу в полуфинале чемпионата Австралии-96, потому что просто не мог играть против Бориса Беккера, который уже вышел в. The answer is, yes. We affirm summary judgment for the city. Because our affirmance disposes of Fettke's claim, we do not reach the city's cross-appeal. FACTS The Wichita Police Department has an internal policy on media relations.

At the time of the verification, the deputy was told by another officer that the chief had released the names to the press at the hospital. The deputy chief believed that the chief had the ultimate authority to contravene a particular policy in a particular incident.

Restatement second of torts section 314
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