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accident affirmed alleged appeal apply award battery but-for Cal.Rptr Cal.Rptr.2d causation child claim collision common law comparative fault compensation conduct consent contract contributory negligence Corp corrective justice costs Cullison danger decision defective defendant defendant's negligence directed verdict Dobbs on Torts doctor doctrine driving duty emotional distress employees evidence fact factor federal fire foreseeable held hospital Ill.Dec immunity impose intentional tort intervening cause involved issue jury justice lawyers limited loss manufacturer matter of law Notes Ohio operation parents party patient physical harm plaintiff plaintiffs injury protect prove proximate cause punitive damages reasonable person recover recovery res ipsa loquitur Restatement Second Restatement Third result rule S.Ct safety scope sexual standard statute strict liability suffered summary judgment superseding cause testified tort law tortfeasor transferred intent trespass trial court trial judge verdict vicarious liability violation wrongful death