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Torts Supplementary Materials Fall 2000 R L Rabin Page 16 Add at end of note 4 5 Suggestions for further reading appear throughout this book Three general books on tort law will be helpful on the doctrinal issues discussed D Dobbs The Law of Torts 2000 F Harper F James Jr and O Gray The Law of Torts 2d ed 1986 6 vols Prosser and Keeton on Torts 5th ed 1984 Throughout the book cases and notes will refer to relevant sections of the Restatement of the Law of Torts 4 vols 1934 39 and the Second Restatement 4 vols 1965 79 A Restatement Third of Torts Products Liability was promulgated in 1998 A Restatement Third of Torts Apportionment of Liability was published in 2000 The Restatement is an unofficial effort to summarize the decisional law on a subject It is prepared by the American Law Institute a group of lawyers judges and scholars The intellectual foundations of tort law are explored in K Abraham The Forms and Functions of Tort Law 1997 J Davies L Levine and E Kionka A Torts Anthology 2d ed 1999 S Levmore Foundations of Tort Law 1994 and R Rabin Perspectives on Tort Law 4th ed 1995 The litigation process is explored in L Grossman and R Vaughn A Documentary Companion to a Civil Action 1999 D The Parties and Vicarious Liability 1 Plaintiffs Hammontree involved an adult plaintiff Her age physical condition and occupation would have been relevant to her damage recovery In other situations it may be more difficult to find the proper plaintiff and to measure the recoverable loss If a minor is hurt suit generally will be brought on her behalf by her parent or guardian and a damage award will be divided so that the minor will recover for any permanent physical harm though the money will be placed in trust for her and her parent will recover medical expenses borne on the child s behalf It is now generally held that an infant who is born alive may sue through a legal guardian for harm suffered before birth This problem is well discussed in Woods v Lancet 303 N Y 349 102 N E 2d

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