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Case Citations [i] (Spring 2026)
Contributory Negligence

handle is hein.ali/restate0345 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations TORTS 2D Generally C.A.D.C.2025. Cit generally in disc. Surviving spouse and children of Navy special forces operator who was killed by terrorists in the Middle East sued Iran, alleging that it was liable under the terrorism exception to the Foreign Sovereign Immunities Act for providing material support to the terrorists responsible for the attack. The district court awarded solatium damages to all but decedent's youngest daughter, who was born two months after decedent's death. This court reversed and remanded, holding that the terrorism exception allowed daughter to recover solatium damages for the loss of decedent's comfort and society. The court noted that it was not necessary to decide whether the Restatement Second of Torts supported daughter's ability to recover, because she had demonstrated a well- established principal that state wrongful-death statutes would allow after-bom plaintiffs to recover on the same basis as already-born plaintiffs. K.E.F.V. by and through Vickers v. Islamic Republic of Iran, 135 F.4th 968, 992. N.D.Iowa, 2024. Cit. generally in disc. Buyer of a winch that retailer sold under its private-label brand name sued retailer, alleging a design defect and other claims after his finger became entangled in the winch and had to be amputated. This court denied in part retailer's motion for summary judgment, holding that buyer's design-defect claim was not barred under an Iowa statute that immunized retailers from strict liability solely from a design or manufacturing defect, because buyer's claim was for negligence, rather than strict liability. The court noted that Iowa courts largely followed the Restatements, adopting new Restatements shortly after they were published, and that, while Iowa courts recognized strict liability for products claims, a product user could still proceed on a negligence theory under the Restatement First of Torts and the Restatement Second of Torts, both of which provided that the manufacturer of a dangerous product was liable for a failure to exercise reasonable care in the product's manufacture and design. Wilson v. Harbor Freight Tools USA, Inc., 747 F.Supp.3d 1168, 1174. D.N.M.2024. Cit. generally in cases quot. in sup. After the United States Forest Service lost control over prescribed bums that spread beyond federal lands and turned into wildfires, owners of homes that were destroyed in the wildfires filed an action against, among others, the Federal Emergency Management Agency, challenging federal regulations that precluded their recovery of noneconomic damages for pain COPYRIGHT C2026 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.