Mitigation of Damages

[hamilton02 at aol.com]

The person who knows more about this than anyone is Rita Swan at CHILD Inc.  Her website is very good 

Marci 
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: "Berg, Thomas C." <TCBERG at stthomas.edu>

Date: Fri, 10 Jul 2009 15:49:44 
To: Law & Religion issues for Law Academics<religionlaw at lists.ucla.edu>
Subject: RE: Mitigation of Damages


Doug,

Christiansen v. Hollings is also a Christian Science case.
44 Cal.App.2d 332, 112 P.2d 723
Cal.App. 1 Dist. 1941.

There are other cases beyond Jehovah's Witnesses:

Montgomery v. Terminal R. R. Ass'n of St. Louis
73 Ill.App.3d 650, 392 N.E.2d 77
Ill.App. 5 Dist., 1979.
(unnamed group)

Montgomery v. Board of Retirement
33 Cal.App.3d 447, 109 Cal.Rptr. 181
Cal.App.5.Dist.
Church of God (Evening Light Saints)

Walter Nashert and Sons v. McCann
460 P.2d 941
Okl. 1969.
(unnamed group)

(These are cases we had in our 1991 cert petition in Munn v. Algee, one of the major Jehovah's Witness cases.)

-----------------------------------------
Thomas C. Berg
St. Ives Professor of Law, Associate Dean for Academic Affairs
University of St. Thomas School of Law
MSL 400, 1000 LaSalle Avenue
Minneapolis, MN   55403-2015
Phone: (651) 962-4918
Fax: (651) 962-4996
E-mail: tcberg at stthomas.edu
SSRN: http://ssrn.com/author='261564
Weblog: http://www.mirrorofjustice.blogs.com
----------------------------------------------------------------------------

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Micah Schwartzman
Sent: Friday, July 10, 2009 3:23 PM
To: Law & Religion issues for Law Academics
Subject: Re: Mitigation of Damages

There is an interesting case from the 1930s involving a Christian Scientist. The cite is Lange v. Hoyt, 114 Conn. 590.

Micah J. Schwartzman
Associate Professor of Law
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
(434) 924-7848


On Jul 10, 2009, at 3:57 PM, Douglas Laycock wrote:

> From time to time we have discussed on the list cases of Jehovah's 
> Witnesses who are injured by a tortfeasor, who refuse a blood 
> transfusion, and whose injury is aggravated or whose cure takes longer 
> as a result.  The cases go both ways.  I am not trying to start that 
> discussion up again, but I have a related factual question.
>
> Has anyone ever seen a similar case involving a Christian Scientist?  
> I haven't done any serious looking, but I don't recall one.  That 
> seems a little odd, given that we seem to have a Jehovah's Witness 
> case every few years.
>
> Douglas Laycock
> Yale Kamisar Collegiate Professor of Law University of Michigan Law 
> School
> 625 S. State St.
> Ann Arbor, MI  48109-1215
>   734-647-9713_______________________________________________
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