Chapter 12: Carriers, Host-Drivers and Landowners
1. CARRIERS AND HOST-DRIVERS
DOSER V. INTERSTATE POWER CO. (Iowa 1970)
o Ds bus was involved in auto accident and a bus passenger was injured.
o Evidence that automobile turned left in front of the
Upchurch v. Rotenberry (Miss. 2000)
Decedent Upchurch was riding in the passenger seat of Rotenberrys car while
Rotenberry was driving.
Rotenberry lost control of her vehicle on Highway 182.
Upchurch claims Rotenberry left control of the road su
Chapter 6: Breach of Duty
1. Assessing Foreseeable Risks and Costs
Once court determines D owed P a duty (usually of reasonable care), jury decides
whether the D breached the duty by failing to exercise the requisite quantum of
care. D who breaches duty
Chapter 8: Scope of Liability (Proximate Cause)
1. THE PRINCIPLE: SCOPE OF RISK
P must prove that her harm fell within the scope of defendants liability, in other
words, that harm resulted from the risks that made the defendants conduct negligent
KENTUCKY RIVER MEDICAL CENTER V. MCINTOSH (Ky. 2010)
o Outside the emergency room entrance there was a flat surface, eleven feet wide, to allow stretchers
to be wheeled directly from the dock into the ER; flat area looks like a wide curb ramp, exce
3. Foreseeable injury. Modern cases often free a D from liability where P is not within a
class foreseeably risked by the negligent conduct.
Woman raped in Ds parking garage by a policeman who pulled her over
several blocks away was not a member of a cla
Torts Rule Sheet: Negligence/Duty
Negligence: D is liable for negligence if they owed a duty to P to conform to a certain standard of care
that they breached, thus being the actual and proximate cause of Ps harm. If P fails to establish any of
the five el