Kentucky Law Survey: Torts

Authors

Richard C. Ausness, University of Kentucky College of LawFollow

Abstract

This issue of the Survey of Kentucky tort law includes recent decisions on false imprisonment, intentional infliction of emotional distress, and products liability. The first case, Consolidated Sales Co. v. Malone, held that Kentucky's shoplifter detention statute authorized a personal search of suspected shoplifters by store personnel. In the second case, Eigelbach v. Watts, the Kentucky Supreme Court adhered to its longstanding rule that physical impact was essential to an action for intentional infliction of emotional distress. Finally, in the third decision, McMichael v. American Red Cross, the Court, utilizing the Restatement's “unavoidably unsafe” rationale, refused to impose strict liability in tort on a noncommerical blood bank which supplied contaminated blood to a transfusion patient.

Document Type

Article

Publication Date

1977

5-22-2012

Notes/Citation Information

Kentucky Law Journal, Vol. 65, No. 2 (1976-1977), pp. 301-335

Repository Citation

Richard C. Ausness, Kentucky Law Survey, Torts, 65 Ky. L.J. 301 (1977).