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P rofessor L idskys Final Exam in Torts 2009 University of Florida Levin College of Law 1-4:30; Rooms 355A,B,D Type or mark your exam number in the upper r ight hand corner of your document. You are bound by the Honor Code while
When a court refuses to grant a new trial on the ground of an excessive damage award, the ruling will
not be reversed except for clear and manifest abuse of discretion. (Gilmore V. Central Maine Power Co.)
Stare Decisis Obligation: 1) prior ct. has author
Torts
I. Intentional harms to PERSONS and PROPERTY
A. Battery
1. Ghassemieh
a. 13 yr old pulled chair away from teacher she fell and hurt herself. Sued for
NEGLIGENCE.
b. girl says INTENDED to fall to ground, BUT NOT to get hurt.
c. BATTERY is INTENTIONAL
TORTS OUTLINE
Torts connote civil wrongs for which the victims have causes of action against the wrongdoers to recover
money judgment
Most tort claims are resolved via settlement
Cases must be proved by preponderance of the evidence (51%)
INTENTIONAL TORT
Torts Civil wrongs committed by one person against another
Categories of torts:
Intentional torts (battery, assault, false imprisonment and intentional
infliction of emotional distress)
Negligence (no individually named torts for this; D behaves careles
Basic Torts Notes
Battery
Acts
Intends to make contact
o Wagner-Vosburg-Spivey
Makes contact
Contact is harmful or offensive
Assault
Acts
Intends to cause apprehension of contact
P reasonably apprehends contact
Defenses
Consent
Self-defense and d
1.
Intentional Torts
i.
b.
Burden of proof lies with the plaintiff
Battery
i.
Prima Facie Case
1.
A acts
2.
Intending cause a contact with P of a type that is harmful or
offensive
3.
As act causes such contact
a.
ii.
(Cercarelli v. Maher, Paul v. Holbrook
Bethel v. NYC Transit Authority
Friday, August 2 1, 2 015
7:46 A M
Court of Appeals of New York. 1998. 92 N.Y. 2d 348, 703 N.E. 2d 1214, 681 N.Y.S. 2d
201.
Negligence: The Reasonable Person
Facts & Proc Hx:
Facts
(P) was
Andrews v. United Airlines, Inc
Friday, August 2 1, 2 015
8:36 A M
U.S Court of Appeals, Ninth Circuit, 1994. 24 F 3d 39.
Negligence: The Reasonable Person
Facts & Proc Hx:
Facts
(P) was injured when a briefcase fell from
Brown v Kendall
Tuesday, August 18, 2 015
7:15 PM
Supreme Judicial Court of Massachusetts, 1850. 6 Cush. ( 60 Mass.) 292.
Negligence: Unreasonable Risk
Facts & Proc Hx:
Facts
Two dogs one belonging to the ( P) and one belong
Pokora v. Wabash Railway Co.
Friday, August 2 1, 2 015
8:23 A M
Supreme Court of the U.S. 1934. 292 U.s. 98, 54 S. Ct. 580, 78 L. Ed. 1149
Negligence: The Reasonable Person
Facts & Proc Hx:
Facts
(P) driving truck across
Baltimore & Ohio Railroad Co. v Goodman
Friday, August 2 1, 2 015
8:06 A M
Supreme Court of US, 1927 275 U.S. 66, 48 S. Ct. 24, 72 L. Ed. 167
Negligence: Reasonable Care Role of Judge and Jury
Court of Appeals of New Y
United States v. Carroll Towing Co.
Tuesday, August 18, 2 015
8:27 PM
United States Court of Appeals, Second Circuit, 1947. 159 F. 2d 169.
Negligence: Unreasonable Risk
Facts & Proc Hx:
Facts
The Harbormaster and Deckhand wer
Adams v. Bullock
Tuesday, August 18, 2 015
8:06 PM
Court of Appeals of New York, 1919. 227 N.Y. 208, 125 N.E. 93.
Negligence: Unreasonable Conduct (Risk)
Facts & Proc Hx:
Facts
(D) runs a trolley in Dunkirk that uses an o
Hammontree v. Jenner (Court Appeals CA)
Sunday, August 16, 2 015
5:22 PM
Facts & Proc Hx:
Facts
On April 25th 1967 D was driving home from work, while at the same time P
Maxine Hammontree was working in a bicycle shop
Negri v. Stop and Shop Inc.
Tuesday, August 25, 2 015
12:20 PM
Court of Appeals of NY, 1985. 65 N.Y.2d. 625, 480 N.E.2d 740, 491 N.Y.S.2d 151
Negligence: R easonable Care ( Constructive Notice)
Facts & Proc Hx:
Facts
(P) fe
Gordon v. American Museum of Natural History
Tuesday, August 25, 2 015
12:36 PM
Negligence: R easonable Care ( Constructive Notice)
Facts & Proc Hx:
Facts
(P) injured when he fell on (D)'s front entrance steps. He claims as
Duty
Privity of K
Duty to Act (spec relat/creation of peril/volunteer)
Zone of Danger (personal physical fear of physical danger/ Dillon test for
bystanders)
Land (trespasser/licensee/invitee)
Use of property to protect from 3rd party harms (Can you contr
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