Russo, Scamardella & D'Amato, PC - Untitled 1

Abuse of Process

Abuse of Process

It should be obvious that the purpose of the civil justice system is to permit people to obtain justice. Unfortunately, people sometimes try to use the civil justice system for...

Federal Volunteer Protection Act -- Overview

The Federal Volunteer Protection Act

The Volunteer Protection Act (VPA) is a federal law that was designed to promote volunteerism by granting civil immunity to volunteers under certain circumstances. The VPA...

Mitigation of Damages

Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but...

The Fellow-Servant Rule

Traditionally, the "fellow-servant rule" barred an employee's personal injury action against his or her employer if the employee's injury was caused by a co-worker. For example, an employee works in an employer's sawmill. One of the employee's...

Action by a Parent for a Tort against His or Her Child

Torts: Negligence

Family Law: Parental Duties & Rights: Care & Control of Children

In accordance with general tort principles, a person who injures a child through his...