1. I know this is a dumb question, but in Boyles v. Kerr, wtf does the court mean when it says that a claimant may recover mental anguish damages only in connection with defendant's breach of some other legal duty? They go on to hold that NEID is not a cause of action on its own but that you also don't need to show physical injury as a result of emotional distress to recover.
2. Camacho v. Honda, the court says that the fact that the dangers of a product are open and obvious does not constitute a defense to a claim alleging that the product is unreasonably dangerous since this would elevate assumption of risk to a matter of law. I kind of get it, but can someone explain to me why that result is so unacceptable? The dissent appeals more to me here.
3. JazzOne touched on this in another thread, but does anyone care to restate for me the difference between medical/scientific and legal causation? I'm thinking about a comment in Daly v. Bergstedt here.
Thanks
