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Personal Injury Litigation: Transferred Intent
In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be transferred to another person.
For example, a defendant swings a baseball bat at his friend, intending to scare him or her. The defendant accidentally hits a bystander with the bat. The defendant intended to commit an assault against the friend but instead committed a battery against the bystander. Under the doctrine of transferred intent, the defendant's intent to assault the friend is transferred to the bystander, so the defendant's conduct constitutes a battery against the bystander.
The doctrine of transferred intent applies only to the torts of assault, battery, false imprisonment, trespass to land, and trespass to chattels. |
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| Transferred Intent In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defe
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| SUM Coverage - Protect Yourself From Underinsured Drivers Dangerous drivers are one of the greatest hazards on the roads today. Dangerous drivers with "minimu
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| Miscellaneous Driving Rules Transportation Law: Private Motor Vehicles: Traffic Regulation
In addition to rules regardi
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| Real Estate Nuisances
Every property owner is entitled to use his land in a reasonable way. His use, ho
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| Interference With a Contract When parties come together to form a contract, a third party may interfere with the performance of t
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| Parental Immunity Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child fro
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| Alienation of a Spouse's Affections Under the common law, there existed a tort for the alienation of a spouse's affections. Although mos
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View more 'Personal Injury Litigation' News from Kiley Law Firm:
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James D. Kiley settled the claim of a retired Nassau County woman who sustained multiple foot fractu
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James D. Kiley obtained a jury verdict on liability for a Suffolk man who was injured when a piece o
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James D. Kiley settled a lawsuit brought by an injured airport worker struck by a vehicle at Kennedy
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| Kiley, Kiley & Kiley wins another appeal in the Appellate Division Second Department (Personal Injury Litigation, 2009-Jan)
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| Kiley, Kiley & Kiley obtains a $1,000,000 structured settlement for the wrongful death of a man crushed in a bailer (Personal Injury Litigation, 2007-Nov)
Donald T. Kiley, Jr. obtained a $1,000,000.00 structured settlement for the wrongful death of a 30 y
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| Kiley, Kiley & Kiley obtains a $150,000.00 settlement for a car accident victim (Personal Injury Litigation, 2007-Feb)
James D. Kiley obtained a $150,000.00 settlement for a car accident victim who sustained a fractured
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| Kiley, Kiley & Kiley obtains a $425,000.00 settlement for a truck driver who sustained nerve damage to his hand after a fall over a dangerous step (Personal Injury Litigation, 2006-Dec)
Donald T. Kiley, Jr. obtained a $425,000.00 settlement for a bus driver who tripped over a step that
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| Motor Vehicle, Left Turn - Wesley Shirley v. Meredith and Barry Kaminsky, No 23663/98 (Verdict Search) (Personal Injury Litigation, 2001-May)
Motor Vehicle
Case Type: Left Turn
Case Name: Wesley Shirley v. Meredith and Barry Kammsky. No 236
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| Teacher's Assistant tripped on unlevel floor - Lorraine Walsh and Charles Walsh v. Facchin & Facchin, Ltd. and St. Pauls Church, College Point, No. 23592/OO (Verdict Search) (Personal Injury Litigation, 2003-Jun)
Teacher's Assistant tripped on unlevel floor. Case Type: Trip and Fall, Premises Liability - School,
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| Motor Vehicle, Stop Sign - John Petropolis v Dennis Montenez;, No. 22973/99 (Verdict Search) (Personal Injury Litigation, 2000-Oct)
Motor Vehicle
Verdict: (P) $400,000. Case Type: Stop Sign
Case Name: John Petropolis v Dennis Mont
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| Motor Vehicle, Passenger - Andre Primus V Marco Sloan; Boston Coach - N.J. Corp; Eloston Coach Connection Corp, and FTM Servi, No. 32107/00 (Personal Injury Litigation, 2002-Feb)
Motor Vehicle
Decision: (P) $950,000.00
Case Type: Passenger
Case Name: Andre Primus V Marco Sloa
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| Motor Vehicle, William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 (Verdict Search) (Personal Injury Litigation, 1995-Sep)
Motor Vehicle
Settlement: $950,000.BD
Case Name: William Flynn v. Benjamin Augustine and Jacob Sin
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| Motor Vehicle, Woman alleged that auto collision caused disc injuries, Passenger - Triffina Coley v Rooney Motors, Ltd, Neil Bond, as Executor of the Estate of Anthony Lucatorto; and Beverly Williams, No. 20830/00 (Verdict Search) (Personal Injury Litigation, 2003-Sep)
Motor Vehicle
Woman alleged that auto collision caused disc injuries
Case Type: Passenger
Case Na
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| Premises Liability, Warehouse's visitor claimed he tripped on high step, Dangerous Condition, Trip and Fall - Robert & Julie Ferraris v. Nussdorf Associates & Quality King Distributors, Inc., No. 13803/04 (Verdict Search) (Personal Injury Litigation, 2007-Jan)
Premises Liability
Warehouse's visitor claimed he tripped on high step
Settlement: $425,000
Case
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| Assault, Hotel - CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997) (Lois Law) (Personal Injury Litigation, 1997-Mar)
CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997)
CHESTER T. CYZIO, Plaintiff, v. RIHGA INTERNATI
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| Personal injury, trip and fall - MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, ETC., ET AL., APPELLANTS, DAYTON CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS (Lois Law) (Personal Injury Litigation, 2001-Mar)
New York Appellate Division Reports
MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, E
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| Personal injury, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (Lois Law) (Personal Injury Litigation, 2006-Sep)
BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent.
Appellate Division
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| Personal injury, retaining wall, fall, piece broke - JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. (Lois Law) (Personal Injury Litigation, 2008-Nov)
JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent.
Appellate Division of the Supreme Co
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| Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case) (Personal Injury Litigation, 2005-Feb)
Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case). Appellate Division 2nd Dep't ov
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Represented by Donald Kiley Jr., concertgoer claims he was "attacked and assaulted" by fellow unprovoked concertgoers who felt "comfortable to engage in mischief and physical violence" at the encouragement of the rappers. Read
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HIGHLIGHT: Kiley Law Firm makes
the front page of the New York Law Journal
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