does not dispute--that
ordinary negligence is unintentional conduct.
In response to the FDIC's complaint, the named defendants filed a motion to dismiss claiming that North Carolina law does not allow
ordinary negligence claims against D&Os, and, regardless, that the BJR shields D&Os from such claims.
Where spoliation results from
ordinary negligence, however, "the innocent party must prove both relevance and prejudice in order to justify the imposition of a severe sanction." (41) Considering the burden an innocent party must overcome when confronted with negligent spoliation of evidence, and the practical difficulties of so doing, this rule appears to be in discord with basic notions of fairness.
Will charges based on
ordinary negligence blur the lines between criminal and civil enforcement?
(107) Callinan J stated that '[a]ll of the various touchstones for, and none of the relevant disqualifying conditions against, an award of damages for economic loss are present here.' (108) Interestingly, it was Kirby J who opined that the legal issues in this case were best resolved by reference to
ordinary negligence principles: 'the diverse opinions of their Lordships in McFarlane [v Tayside Health Board] illustrate what can happen when judges embark upon the "quicksands" of public policy, at least when doing so leads them away from basic principle.' (109)
The
ordinary negligence of natural persons is a relatively innocent sort of wrongdoing: The failure to foresee a risk clearly enough, calculate its probability accurately enough, concentrate well enough, or execute a course of action precisely enough, are all instances of
ordinary negligence.
(93) Rice did not equate the standard of
ordinary negligence required in tort law with the mens rea required in criminal trials.
The plaintiffs had claimed that the City was subject to
ordinary negligence liability standards, pointing specifically to the allegedly negligent installation of a diesel fuel tank and fuel lines needed to supply the backup generator required to insure uninterrupted power for the Command Center during catastrophic emergencies.
16400 defines a breach of trust as a violation of any fiduciary duty and can be separated into three types:
ordinary negligence, gross negligence (recklessness) and intentional (willful) breach of trust.
In the largest personal-injury verdict ever awarded in Arkansas, a jury awarded compensatory damages of $5 million for
ordinary negligence and $10 million for medical malpractice, and $63 million in punitive damages.
(75) However, Defendant claimed that Plaintiffs failed to make a prima facie case and furthermore, that the utility could be liable for
ordinary negligence under the current rate schedule approved by the Public Service Commission.
This us of negligence as a basis for enforcement action raises a number of issues; all important one is whether the regulation requires gross negligence, as do certain parallel provisions for accountant discipline, or whether
ordinary negligence will suffice.
