Stahlecker v. Ford Motor Company
266 Neb. 601 (2003)
Operative Facts: Amy was driving her car, as the tires popped, leaving her stranded in the middle of no
where. She then was assaulted and murdered. Parents are bringing the claim up on firestone a
Petition of Kinsman Transit Co.
338 F.2d 708
Operative Facts: Large grain barge broke loose from her mooring, due to the negligence of her handlers.
Barge broke a second vessel loose and the two rammed into a drawbridge, knocking it down. Then it
Boyer v. Iowa high school Athletic Assn
260 Iowa 1061 (1967)
Operative Facts: A girl was on a bleacher that collapses inwards towards a wall when not used. While she
was sitting 9 feet high up, the bleachers collapsed inwards and she fell. She used
Vincent v. Lake Erie Transportation Co.
109 Minn. 456 (1910)
Operative Facts: A cargo boat was straped to a dock, and it was due to leave that day. But that
day, a big storm came in, and taking the boat out would be too hazardous. They kept the boat
United States v. Carroll Towing Co.
159 F.2d 169
Operative Facts: There was a barge, and it sunk. The person in charge of the barge was not there
when the barge got into difficulties and sank.
Issue: Whether the person in charge of the barge was neg
Tubbs v. Argus
Operative Facts: A driver and a passenger was on a road, when the driver suddenly crashed the car into a
tree. The driver and the passenger were injured, however, the driver (owner of the car too), took off
running from the scene. The
Trimarco v. Klein
56 N.Y. 2d 98 (1982)
Operative Facts: A tenant was stepping out of his shower, as the shower glass door shattered, serverly
injuring him. The Landlord did not replace the shower glass door with a shatter proof glass. Landlords, as
Torts week 13
Negligence: Proximate Cause
Where the nature and circumstances of the Plaintiffs Harm Foreseeable?
1) That without the negligent action, the injury would not have occurred, commonly known
as the but for rule,
2) That the inj
Torts week 12
- Did the defendant cause the plaintiffs harm?
- When one of Several Defendants did it, bee we cant tell which one:
o Alternative Liability
- Very important in terms of negligent claims
- Must have been reas
Torts week 11
Modification of a general standard arising out of special relationships between the parties.
- General duty of reasonable care maybe raised or lowered, because of some special
relationship existing between the parties.
- Responsibility of Po
Torts Week 9 and 10
Violation of Criminal Statutes- How they go into negligence.
Martin v. Herzog
Tedla v. Ellman
Negligence & Proximate Cause
Gorris v. Scott
In terms of customs. 3 things must be similar in respects.
1) Actors who directly affect the lev
Torts Week 5
Consent procured by Fraud or Duress, does not shield the defendant form liability.
Patients consent to lifesaving medical treatment.
If patients firmly state that they do not want a certain type of treatment, such as blood
transfusion, then t
Wagner v. Utah (2005)
Tracy Wagner, was in line at customer service in K-Mart, in Utah. She was suddenly and
inexplicably attacked from behind. It was a mental patient from Utah State Development Center
(USDC), named Mr. Giese. He had a history of v
Washington v. Louisiana Power and Light Co.
555 So. 2d 1350 (1990)
Operative Facts: There was an antenna located nearby a electric wire that was not insulated or
grounded. Because of this, one day, the man came into contact with the antenna and the
Ybarra v. Spangard
25 Cal. 2d 486 (1944)
Operative Facts: A man was diagnosed with appendicitis, and went into surgery. In the surgery there were
5 different types of doctors, and he was unconscious while they were performing on him. After he woke
Bang v. Charles T. Miller Hospital
251 Minn. 427 (1958)
Operative Facts: This is a case between a patient and a doctor. The patient came in because he
had problems urinating. The doctor told him that they would take a look at it, and asked if they
Gorris v. Scott
9 L.R. (exch.) 125 (1874)
Operative Facts: A ship was carrying sheep and a number of sheep was washed overboard because of
negligence, for not following a law that was made to prevent sheep from becoming infected with disease.
Ford v. Revlon, Inc
153 Ariz. 38 (1987)
Operative Facts: Ford is a employee at Revlon, who repeatedly filed a complaint against Braun,
on sexual harassment in the company. After repeated complaints, it took Revlon over a year to
Fisher v. Carrousel Motor Hotel
424 S.W.2d 627 (Tex. 1967)
Procedural Facts: Trial Court awarded Fisher $400 in actual damage, and $500 in exemplary
damage. Court of Civil Appeals reversed.
Operative Facts: Fisher a black guy from NASA was invited t
Erie R. Co. v. Stewart
40 F.2d 855 (1930)
Operative Facts: A passenger of an automobile truck was passing a train crossing, and there is usually a
watchman in the train crossing to warn others that a train is coming, which is employed by the train
9/29/11 Thursday 6:30pm
Dora the Deplorer (2 paragraphs)
Dora the Deplorer is similar to OBrien v. Steamship Co. where there was a movement
showing consent. OBrien had voluntarily raised her arm to the doctor on board, when the doctor
Dillon v. Legg
68 Cali. 2d 728 (1968)
(excluded in final)
Operative Facts: This case is under bystander liability. There was a driver who hit a girl, which caused
her death, through negligent driving. The mother and sister is suing for emotional inf
Coblyn v. Kennedys, Inc.
359 Mass. 319 (1971)
Operative Facts: a 70 year old 54 man was shopping at Kennedys, and was wearing a coat and
a hot, and a ascot. After purchasing a jacket from the store, he went outside. Right before he
reached the exit,
Case Overview for Torts
Wagner v. Utah (2005) - Lady that got attacked by a mentally retarded man at K-mart. It was a
battery. As long as a person deliberately makes a contact, & that contact was harmful (doesnt
have to intend the harmful outcome)
Brown v. Kendall
60 Mass. 292
Operative Facts: 2 mens dogs were fighting. To break them up, one of the man took out a 4 foot
stick and wiped the dog. The dogs advanced on him, so he started to walk backwards. The other
man was behind him, so the sti
Brandon v. County of Richardson
261 Neb. 636 (2001)
Operative Facts: Brandon was originally a girl, but had general identity disorder and associated
himself as a boy. After he started dating a woman, he went to a party. There at the party she was
o An act by the defendant which brings about harmful or offensive contact to the
Harmful or offensive contact
By a reasonable person standard
Anything connected to the plaintiffs person
What Constitutes Contact:
1. Party of body doesnt have to come into direct contact with plaintiffs body
a.i. Moving the hair caused the person to be exposed to the ground
b. *Chain of motion
Which Intended Contacts are Wrongful?
A. Must be Harm
Intentional Torts (Act + Intent = Result)
o Act is Voluntary action
o Intent to make a harmful or offensive contact or imminent apprehension of such
Wagner v. Utah (intent a contact. Liable for the results)
White v. Muniz
Martin v. Herzog
228 N.Y. 164 (1920)
Operative Facts: The defendant got into an auto accident with the plaintiff, on a sharp turn at night, when
the cars were going in opposite directions. The defendant didnt have his lights on, and was driving by