Torts Cases

js5389's version from 2016-05-02 00:37


Question Answer
Vosburg v. Putneyintentional tort, kick in the knee, implied license, eggshell π
Garratt v. Dailey (n. 3)intentional tort, young ∆ moves π’s chair
White v. U. of Idaho (n. 4)intentional tort, the hell with the restatement, piano teacher plays the student, non-consensual
Dougherty v. Stepptrespass to property, strict liability, nominal damages
Intel Corp. v. Hamiditrespass to chattel, emails don’t count, nor does lost productivity, need physical harm
Mohr v. Williamswrong ear surgery, consent is necessary, otherwise it’s battery
Kennedy v. Parrott (n. 1)
Hudson v. Craftintentional tort, boxing promoter liable for illegal fight
Hackbart,intentional tort, football, hit to back of the head
Avila (n. 3)intentional tort, beanball, no liability, implied license of baseball
Ploof v. Putnamlake pirates thwarted by ∆’s enterprising servant, but necessity privilege makes ∆ liable
Vincent v. Lake Erienecessity, boat tied to dock, smashes up dock, there was a contract though, they switched the ropes though
Brown v. Kendalltwo men, two dogs, a stick, negligence, “ordinary care”
Fletcher v. Rylands (I & II)lots of viewpoints, lake drains into mine, was it natural?, is it fair?
Rylands v. Fletcherlots of viewpoints, lake drains into mine, was it natural?, is it fair? Property vs. person or chattle, martin wants negligence but too bad
Brown v. CollinsD waiting at railroad crossing with team of horses at edge of P’s property, through no fault on the D’s part, his horses were spooked by a railroad passing, they bolted and damaged the P’s post
Losee v. Buchanan∆’s boiler lands on π’s property, but we don’t want to encumber injury
Powell v. FallSparks from D’s steam engine causes damage to P’s hay, no negligence in the operation of the steam engine, fails to use per se, strict liability
Holmes, The Common Law 1wants negligence to be the basis for all tort liability , Holmes wants to adopt rules of liability that are guides to action, tells people what they can do that will lead them to incur liability
Stone v. Bolton; Bolton v. Stoneforeseeability, cricket, low probability of significant injury
Hammontree v. Jennerepileptic drives car into bike shop, but he didn’t know he’d have a seizure, sudden onset
Holmes, The Common Lawobjective standard (ordinary prudent normal man, rationale: incentives and complexity)
Roberts v. Ringoldie hits a young guy, old age no defense, young age semi-defense to negligence
Daniels v. EvansWhen minor plaintiff undertakes an adult activity, which can result in grave danger to others, the standard of care is measured by what a reasonable and prudent adult would use.
Breunig v. Am. Fam. Ins.batman, had reason to know of condition, not sudden
Fletcher v. City of Aberdeencity liable to blind guy who fell in a hole
Eckert v. Long Island RRman dies saving two-year old
Terry & Seavey on Negligence1. Probability of harm to π; 2. Value of object exposed to the risk; 3. Value of what π was saving; 4. Probability of risk; 5. Necessity of risk
Cooley v. Public Service Co.wires cause π in telephone problems, but π’s proposed fixes would endanger more people; part of the burden
US v. Carroll Towingtugboat dislodges Anna C., no bargee, original hand formula case
Andrews v. United Airlinesπ hit by luggage from overhead bin, what is the duty of a common carrier?
Titus v. Bradfordcurved train cars, custom; hazardous employment
Mayhew v. Sullivan Mininghole in the mine, custom begone; independent contractor
The TJ Hooper (SDNY & 2d Cir)boats without radios have bad time in storm, custom is not dispositive because industries may lag; seaworthiness=reasonable care
Lama v. Borrasfailure to inform about conservative treatment, custom
Canterbury v. SpencePlaintiff experienced back pain. Defendant told Plaintiff that he needed surgery, but did not inform of the risks of the surgery. Plaintiff sued Defendant for negligently withholding the risk of the surgery.
Osborne v. McMastersA woman died as a result of ingesting poison from an unlabeled bottle purchased at the Defendant, McMaster’s (Defendant) drug store. The Defendant was required by law to label all poisons.
Martin v. Herzogbuggy lacks lights, gets in accident, negligence per se? don’t forget causation.
Tedlasiblings walk on the wrong side of the road, but we won’t hold them negligent per se if what they’re doing is better than what the law would have them do
RossDriver leaves keys in car, thief, car accident, negligence per se
Gorris v. ScottSheep go overboard, not penned in accordance with law, but law was there for a different reason
Metropolitan Railway v. Jackson (p. 258)facts are for juries like virginia is for lovers
Holmes, The Common Lawwants rules distilled from experience
Baltimore & Ohio RR v. GoodmanHolmes wants a rule for crossing the tracks
Pokora v. Wabash Ry.Cardozo gets rid of Holmes’s rule
Wilkerson v. McCarthy (n. 2)plaintiff injured when he fell in to a pit while at work
Byrne v. BoadleFlour barrel falls out of D’s building hits P who is walking down the street
Larson v. St. Francis Hotelchair comes flying out of hotel
Colmenares Vivas v. Sun AllianceEscalator at airport, hand rail stops, steps didn’t, P falls. P sues airport and its insurance company
Holzhauerescalator stops, but this escalator has a button
Walston v. LambertsenBoat disappears at sea. P argues that fishing point shouldn’t tip over when you load it with fish, must have been some negligence. She can’t really point to that though b/c the boat disappeared. She tries to use RIL
Newing v. CheathamPlane crash under perfectly normal flying conditions
PfaffenbachTruck skidded across highway into P’s lane
BauerD’s truck rolled into P’s lane, but act of god evidence
Ybarra v. Spangardπ injured during surgery, nobody fesses up, let’s smoke ‘em out, presumption instead of inference
AndersonP injured when tip of forceps broke off in Ps’ spinal column. Sued hospital, doctor, medical distributor of forceps, manufacturer of the forceps.
BardessonoDr. gave cortisone injections for treatment of tendonitis and then P developed injuries emanating from site of injection, Court says this is common-place procedure and jurors can use common knowledge to find negligence. RIL not appropriate when jury has access to common knowledge, when procedure isn’t so complicated a to take it outside jury’s knowledge.
Butterfield v. ForresterD put up bar across the road while doing repairs on their house (that was negligent), P leaving pub around 8 PM, riding his horse as fast as the horse could go, didn’t see the pole, injured, contributory negligence
Beems v. Chicago, Rock Isl. & Peoria RRIf D was negligent, in failing to heed P’s signal to slow down then D can’t escape liability simply by showing P got his foot stuck on the track; generous construal
Gyerman v. U.S. Linesstacks of sacks full of fishmeal, contract hullabaloo
LeRoy Fibre Co. v. Chicagostacks of flax by the tracks, majority says no contributory negligence, coase
Derheim v. N. Fiorito Co.seatbelt defense case, is no seatbelt CN? Corrective justice: eggshell skull vs. put your damn seatbelt on.
Fuller v. Ill. Central RRbuggy vs. train, last clear chance
Lamson v. American Axethe axes didn’t stay in the rackses, but you assumed the risk
Murphy v. Steeplechasethe flopper, assumption of risk
Meistrich v. Casino Arena Attractions (n. 5)ice too hard, secondary assumption of the risk
Dalury v. S-K-I Ltd.π skis into a pole, negligently placed? ∆ had waiver, public policy?
Li v. Yellow Cabcomparative negligence
NY Central RR v. Grimstadship captain falls in the drink, drowns, inadequate safety equipment found not to be the cause
Reynolds v. Texas & Pacificlady falls down unlit stairs, Where the negligence of the defendant greatly multiplies the chances of an accident and is of the character naturally leading to its occurrence…
Zuchowicz v. USOriginal plaintiff dies form PPH. Allegedly due to D’s negligence. Zuchowicz sued the government because the government is the employer and is vicariously liable. She sued under the federal tort claims act that waives sovereign immunity. If it increases the chance that this harm is going to happen, you cannot sever the causal link just because it could happen anyway. Burden shift.
Haft v. Lone Palm Hotel (n. 2)father and son die together, no sign or lifeguard, why hold?
Union Stock Yards v. CB&Q RRTerminal company and R.R. company were both responsible for inspections and they both were liable. Liability is Joint and one wrongdoer cannot turn around and seek relief against another wrongdoer…why not?
Cooktwo fires, one from unknown origin
Kingston v. Chicago & NW Ry.two fires, both alike in dignity
Summers v. Ticetwo negligent hunters, both alike in dignity, smoke ‘em out
Sindell v. Abbott Labsreally bad drug does really bad things, market share liability works
Hymowitzmarket share liability affirmative defense cast aside
SkipworthP suffers from lead poisoning (cognitive deficits), but faces a proof problem b/c can’t identify the relevant time frame.
Thomas v. Mallett (n. 3)lead pigment
Ryan v. NY Central RRRR only liable for the first house it burns down
Milwaukee & St. Paul Casegoes different direction than Ryan
Brower v. NY Central & H.R.R.train ∆ liable for robbery of π
Wagnerdanger invites rescue, cousins have a bad day
In re Polemis∆ drops plank, boat explodes, directness test
Wagon Mound I & IIforeseeability, type of harm matters, fire rag
Steinheiser (n. 4)Car accident and girl gets schizophrenia, crumbling skull
Kinsman Transit (n. 5)boat creates havoc in buffalo. Judge Friendly writes the opinion and he says that the nature or manner of the harm does not need to be foreseeable if it is direct. And if it is of the very nature that the man was required to guard against.
Palsgraf v. Long Island RRthe scales fall on the lady, the fireworks happened, liability?
Smith v. Brain LeechThrough the D’s negligence molten metal was splashed not he P’s lip. P later developed cancer and died.
Marshall v. Nugentperiod of danger, the ripples had not settled, icy roads and a man on the shoulder
Strauss v. Belle Realty Co.blackout, I want water, scope limited because of unlimited liability, privity
In re: September 11 Litigationairline defendant and wtc defendant, foreseeable?,
Mitchell v. Rochester Rwyhorses almost hit lady, don’t, no impact, no liability
Amayazone of danger
Dillon v. Leggmother π not in zone of danger, but come on, let’s find liability
Buch v. Amory Mfg Co.child loses hand in factory accident
Hurley v. EddingfieldDoctor refused to treat the patient who desperately needs treatment. Court says this is not a tort. We don’t even ask if the doctor was reasonable. Very strong view of personal autonomy
Robert Addie & Sons v. DumbreckDumbreck’s son entered Robert Addie & Sons Ltd.’s (Defendant’s) land, and was killed by Defendant’s haulage system. Trespasser, no liability.
Rowland v. Christiansink breaks, injures hand, California, alters landowner liability
Kline v. 1500 Mass. Ave. Apt. Corp.landowner liable for robbery, There is duty of landlord under some circumstances to protect against 3rd party attacks. What is the scope of this new duty?
Ann M.Merchants association in mall decided not to hire guard b/c it was too expensive. Court found no liability, not b/c its shopping mall, not b/c you could never have duty to hire guard, but b/c high degree of foreseeability is required for duty to include duty to hire guard. 3rd party attacks have to be more than foreseeable, have to be probable
Tarasoff v. RegentsTherapist learns of actual credible threat of serious physical violence by her patients against specific victim has duty to warn
Winterbottom v. WrightPost master contracted with defendant to have coaches to deliver the mail. The plaintiff was injured by the coach. No privity, no liability.
MacPherson v. BuickD sold car to dealer, sold to P, car collapsed, P injured. Cardozo drops privity barrier. Pre-strict liability.
Escola v. Coca Colacoke bottle explodes, majority uses modified RIL, Traynor proposes SI
Henningsen v. Bloomfield Motors (n. 3)An express warranty, which limits the manufacturer’s liability to replace defective parts is against public policy.
Greenman v. Yuba Power Products (n. 4)strict liability
Speller v. Sears, Roebuckfridge goes up in flames, let’s find liability, kind of resembles RIL
Campo v. Scofieldopen and obvious
Micallef (n. 4)chasing the hickey, foreseeable misuse
Barker v. Lull Engineering machine fell down, R/U and CE, burden shift
Wilson v. Piperplane, burden not shifted in R/U
MacDonald v. Ortho Pharmaceuticalbirth control pill causes stroke, negligent warning? Want plain language. No learned intermediary doctrine because birth control not typical kind of prescription.
Hood v. Ryobinegligent warning, I removed the guard from my saw. Alteration. Don’t want over-warning
Liriano v. Hobart Corp. (n. 1)heeding presumption, flips burden of proof
Geier v. American Hondano airbags, but there’s a statute, express preemption? Obstacle preemption, choice was purpose of statute (in Williamson, choice was not purpose)
CipolloneDuty to Warn Cigarette Case
Wyeth v. Levinemusician’s arm falls off, wyeth could have updated
Indiana Harbor Belt R.R. v. Am. Cyanamidchemical spills out of train, posner says move chicago
Ira S. Bushey & Sons v. USseaman unleashes mighty waters, vicarious liability redefined (were risks characteristic of the work)?
McDougald v. Garber (& per diem rule)McDougald (Plaintiff) suffered severe brain damage and was left comatose as a result of Defendants’ negligence in a medical operation. Awareness of one’s condition necessary for non-pecuniary.
O’Shea v. Riverway Towing Co.cook loses leg
Duncan v. Kansas City Southern Rwy.Plaintiffs were severely injured and one was killed when their church van collided with a locomotive. Excessive damages.