Daniels v. Gamma West Brachytherapy, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• distinguishing the gross negligence or recklessness required for the underlying tort claim and the recklessness along with knowledge of the danger to the plaintiff required for punitive damages—without requiring additional aggravating circumstances
• “A statute preempts a common law claim by specifically adopting a limitation or prohibition on a claim or by comprehensively addressing a particular area of law such that it displaces the common law.”
• even broad statute of limitations for medical malpractice, which is tolled until a plaintiff discovers the cause of its injury, can begin running before a plaintiff discovers the “responsible tortfeasor”
• “As stated in the plain language of the statute, two types of conduct justify an award of punitive damages: (1) ‘willful and malicious or intentionally fraudulent conduct’ or (2) ‘a knowing and reckless indifference toward, and a disregard of, the rights of others.’”

Source: CourtListener parenthetical corpus (CC0).