Calibrating the data logger…
as a visiting Associate Professor of Law.12 For example, in Colorado, an assault and battery action is barred in one year.Colo.Rev. Stat.§ 87-1-2 (1953).But actions in the nature of assumpsit and most actions in the nature of trespass on the case are governed by a six-year statute of limitations.Id. § 87-1-11(4)&(7).A statute whose constitutionality has never been authoritatively determined purports to bar "tort or implied contract" actions against anyone "licensed to practice medicine, chiropractic, osteopathy, chiropody, midwifery or dentistry" in two years.Id. § 87-1-6.For a more extensive discussion of this problem, see the text at note 210 infra.13 It is of course elemental that proof of damages is essential to establish a claim based on negligence, but at least nominal damages will be presumed to flow from any assault or battery.14 See Colo.Rev. Stat.§ 41-2-2 (1953); Sams v. Curfman, 111 Colo.124, 137 P.2d 1017 (1943).15 This is a fundamental limitation applied, albeit with increasing liberality, to damages for breach of contract, but not applied at all to tort damages.16 See Meffley v. Catterson, 132 Colo.222, 287 P.2d 45 (1955), overruled, Publix Cab Co. v. Colorado Nat'l Bank, 338 P.2d 702 (Cola 1959).The survival statute involved in Publix Cab Co. was amended in 1957, and the problem has probably been eliminated as to actions arising under the later statute.Compare Colo.Rev. Stat.§ 152-1-9 (1953), with id.§ 152-1.9(Cum.Supp.1957).17 Compare Froid v. Knowles, 95 Colo.223, 33 P.2d 1116 (1934), with Hennig v. Crested Butte ,:o., 92 Colo.459, 21 P.2d 1115 (1933).This problem is discussed in detail in the text at note 173 infra.18 The legal division of the American Medical Association is presently concerned about this most practical problem.See series of four articles: Malpractice Insurance Changes Needed, beginning in the AMA News, May 18, 1959, p. 1, col. 2. 19 In at least one reported Colorado case a patient sued his physician on a false imprisonment theory.Meek v. City of toveland, 85 Colo.346, 276 Pac. 30 (1929).20
Items connected by shared entities, co-authorship, citations, or semantic similarity.