Home: Torts Case Briefs

532 Madison Avenue Gourmet Foods Inc. v. Finlandia Center NY Court of Appeals, 2001 Prepared by Dirk Facts: -This was a case brought for...

Adams v. Bullock, 125 N.E. 93 (N.Y. 1919) Prepared by Candice Facts: There was a boy who swung a wire off of a bridge and it hit the trolley...

Adams v. Bullock, 227 NY 208, 125 N.E. 93 (N.Y. 1919) Prepared by Dirk Facts: -Bullock owns a trolley service in Dunkirk which runs...

Alberts v. Schultz, 975 P.2d 1279 (New Mexico 1999) Prepared by Candice Facts: ∏ went to the defendant saying that he had a pain in his leg...

Alberts v. Schulz Supreme Court of New Mexico 1999 Prepared by Dirk Facts: Dee and Mildred Alberts are suing Dr.’s Schulz and Reddy for...

Alcorn v. Mitchell, 63 Ill. 553 (1872) Facts: After a trail in a case involving trespass, Defendant spat in Plaintiff’s face. Plaintiff sued...

1. Alcorn v. Mitchell, (1872); pg. 1003, briefed 4/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: At the close...

Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. Supreme Court of Minnesota, 1920 146 Minn. 430, 179 N.W. 45 Facts In August...

Anderson v. Sears Roebuck & Co. (1974) Procedure: Defendant manufacturers of defective heater and component parts, defendant installer and...

Anderson v. Somberg Supreme Court of New Jersey, 1975 67 N.J. 291, 388 A.2d 1 Facts Anderson was undergoing a back operation performed by...

Andrews v. United Airlines Prepared by Candice (This case also talks about the duty of utmost care for common carriers and this case is in CA...

Andrews v. United Airlines Inc. 24 F.3d 39 US Court of Appeals, Ninth Circuit (1994) Prepared by Dirk Facts: -Billie Jean Andrews,...

1. Anon (1535); pg. 603, briefed 3/20/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The King blocked access to one...

Arambula v. Wells Prepared by Candice Facts: ∏ was injured in a car accident and he worked at a family owned business and despite missing work...

Ashcraft v King California Court of Appeal, Second District, 1991 278 Cal. Rptr. 900 Facts Daisy Ashcraft was diagnosed with scoliosis at age...

1. Baker v. Snell, (1908); pg. 541, briefed 2/12/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The π is a...

Baltimore & Ohio RR Co. v. Goodman Prepared by Candice Facts: Goodman was driving a truck and he was hit and killed by a train. His widow...

1. Baltimore and Ohio R.R. v. Goodman, (1927); pg. 236, briefed 10/23/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Baltimore v. Goodman 275 US 66 US Supreme Court Prepared by Dirk Facts: Suit brought by the widow of Goodman for his death by running...

1. Barker v. Lull Engineering Co., (1978); pg. 675, briefed 2/26/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Barmore v. Elmore 83 Ill.App.3d 1056, 403 N.E.2d 1355, 38 Ill.Dec. 751 (1980) Rule of Law: The duty owed by the owner of premises towards an...

Bartolone v Jeckovich Supreme Court of New York, 1984 103 A.D.2d 632, 481 N.Y.S.2d 545 Facts Bartolone was involved in a four-car chain...

Baxter v. Ford Motor Co. 168 Wash. 456, 12 P.2d 409 (1932) Rule of Law: If a person states as true material facts, susceptible of knowledge, to...

1. Beems v. Chicago, Rock Island & Peoria R.R. Co., (1882); pg. 280, briefed 10/30/94. Prepared by Roger Martin...

Belli v. Orlando Daily Newspapers, Inc. 389 F.2d 579, cert. denied 393 U.S. 825, 89 S.Ct. 88, 21 L.Ed.2d 96 (1968) Rule of Law: Cases with more...

Belli v. Orlando Daily Newspapers, Inc. (1967) Procedure: Plaintiff sought review of an order entered in the federal district court which...

Benn v. Thomas, 512 N.W. 2d 537 (Iowa 1994) Prepared by Candice Facts: In this case, defendant rear ended the decedent’s van and caused him...

Benn v. Thomas Iowa Supreme Court 1994 Prepared by Dirk Facts: -Loras Benn was driving and was rear-ended by defendant, Thomas. Benn...

In Re Arbitration between Polemis and Furness Court of Appeal 1921 Prepared by Dirk Facts: -While chartering a boat, defendants servants...

1. Berry v. The Borough of Sugar Notch, (1899); pg. 416, briefed 1/15/95. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Bethel v. N.Y. City Transit Authority 92 N.Y.2d 348 New York Court of Appeals (1998) Prepared by Dirk Facts: -Plaintiff hurt on public...

Bethel v. New York City Transit Authority Prepared by Candice Facts: ∏ was hurt on ∆’s bus when the wheelchair accessible seat collapsed under...

Bierczynski v. Rogers Supreme Court of Delaware, 1968 239 A.2d 218 Facts Rogers was travelling westbound with his daughter in the vehicle when...

1. Bird v. Holbrook (1825); briefed 9/3/94. Pg. 39 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: ∆ owns a walled...

1. Bird v. Jones, (1845); pg. 1007, briefed 4/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The ∆ obstructed a...

Blackburn v. Dorta Supreme Court of Florida, 1977 348 So. 2d 287 Issues What effect does the Hoffman decision have on the common law doctrine...

1. Blyth v. Birmingham Water Works (1856); pg. 151, briefed 10/2/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Blyth v. Birmingham Waterworks Co., 11 Ex. Ch. 781 (1856). Author: Michael Turner Facts: Defendant, Birmingham Waterworks Co., maintained water...

1. Bolton v. Stone (1951), pg. 114, briefed 9/18/94 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: Same as above. ...

Style of Case Bonkowski v. Arlan’s Dept. Store. Court of Appeals of Michigan, 1968. Procedural History Appeal from jury verdict v. Δ for...

1. Boomer v. Atlantic Cement Co., (1970); pg. 592, briefed 3/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

Boomer v. Atlantic Cement Co., Inc., 309 N.Y.S. 2d 312, 257 N.E.2d 87 (N.Y. App. 1970) Facts: Defendant Atlantic Cement Co., Inc. operated a...

Boomer v. Atlantic Cement Co., Inc. (1970) Procedure: Plaintiffs sought review of the denial of an injunction against defendant in an action for...

Borer v. American Airlines, Inc. (1977) Procedure: Plaintiffs children challenged the decision of the Superior Court of Los Angeles County...

1. Bouillon v. Laclede Gaslight Co., (1910); pg. 1021, briefed 4/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Bouton v Allstate Insurance Co. Court of Appeal of Louisiana First Circuit, 1986 491 So. 2d 56 Facts Trammel (age 15), Landry (age 13), and...

Boyce v Brown Supreme Court of Arizona 51 Ariz. 416, 77 P.2d 455 (1938) Facts In September, 1927, the Boyce had Dr. Brown reduce a fracture in...

Boyles v Kerr Supreme Court of Texas, 1993 855 S.W.3d 593 Facts On August 10, 1985 Boyles covertly taped Kerr engaging in sexual intercourse...

Braun v. Soldier of Fortune Magazine, Inc. 968 F.2d 1110 (11th Cir. 1992), cert. denied, 506 U.S. 1071(1993) Facts In late 1984 or early 1985,...

1. Breunig v. American Family Insurance Co. (1970); pg. 143, briefed 9/25/94 Prepared by Roger Martin (http://people.qualcomm.com/) 2....

Breunig v. American Family Insurance Co. Facts: American's (D's) insured (Veith) suffered an insane delusion while driving. She saw Breunig's...

1. Brower v. New York Central & H.R.R., (1918); pg. 419, briefed 1/15/95. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

1. Brown v. Collins, (1873); pg. 97, briefed 9/12/94 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Procedural Posture:...

Brown v. Kendall Prepared by Candice Facts: ∏ and ∆ dogs were fighting, and the ∆ was hitting dogs with stick to break up the fight. ∏ was...

Brown v. Kendall 292 Supreme Court of Massachusetts (1850) Prepared by Dirk Facts: -Brown, plaintiff and Kendall, defendant’s dogs were...

1. Brown v. Kendall (1850), pg. 81; briefed 9/12/94 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Procedural Posture: An...

1. Brown v. Shyne (1926); pg. 217, briefed 10/16/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: π hired ∆...

1. Brown v. Superior Court (Abbott Laboratories), (1988); pg. 707, briefed 3/5/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Brozka v. Olson (p. 16) 1995 Facts:Dentist had AIDS. Plaintiff who was a patient trying to recover damages for battery (intentional, unpermitted...

1. Brune v. Belinkoff (1968); pg. 179, briefed 10/9/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: π...

1, Buch v. Amory manufacturing Co., (1897); pg. 462, briefed 1/24/95. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Bussard v. Minimed Inc. 129 Cal.Rptr.2d 675, 105 Cal.App.4th 798 (2003) Rule of Law: Under the doctrine of respondeat superior, an employer is...

1. Butterfield v. Forrester, (1809); pg. 279, briefed 10/30/94. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Byrne v. Boadle Prepared by Candice Facts: A man was walking outside on the sidewalk and a barrel of flour fell on him and knocked him down. ...

1. Byrne v. Boadle, (1863); pg. 247, briefed 10/30/94. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: π was...

Calva-Cerqueira v. US United States District Court, District of Columbia (2003) Facts CC was an 18 yo who was hit by a government owned bus that...

Camacho v. Honda Motor Co., 741 P.2d 1240 (Colorado 1987) Prepared by Candice Facts: A man bought a Honda motorcycle in March 1978 and got in...

1. Canterbury v. Spence (1972); briefed 8/27/94. Pg. 191 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: Minor child,...

1. Canterbury v. Spence, (1972); pg. 191, briefed 10/9/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: π...

Carpenter v. The Double R Cattle Co., Inc. (1985) Procedure: Defendant petitioned to review the order of the Court of Appeals of the State of...

Carter v. Kinney Prepared by Candice Facts: Carter went to the Kinney’s house for a Bible Study. He slipped and fell on the driveway, because...

Carter v. Kinney Supreme Court of Missouri (1995) Prepared by Dirk Facts: -The defendants hosted a bible study at their home for members of...

Cassano v. Durham (1981) 436 A.2d 118 Procedure: Plaintiff administratrix sought a determination from the Superior Court of New Jersey as to...

Christensen v. Swenson (and Burns) 874 P. 2d. 125 Decided, 1994 Supreme Court of Utah Prepared by Dirk Decision: US Supreme Court...

Christman v. Davis (p. 67) 2005 Procedural Background: (TC=Davis) – defendant performed a surgery on an area of the body which plaintiff...

Citizens State Bank v. Timm, Schmidt & Co. (1983) 335 NW 2d 361, 113 Wis. 2d 376, Procedure: Plaintiff bank challenged an order from the Court of...

1. City of Piqua v. Morris, (1918); pg. 385, briefed 11/20/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: ∆ city...

1. Coblyn v. Kennedy's, Inc., (1971); pg. 1012, briefed 4/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Coblyn...

1. Coggs v. Bernard, (1703); pg. 497, briefed 1/29/95. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The ∆...

Procedural History: Plaintiffs sue for injuries suffered when an escalator malfunctioned at an airport. Trial court dismisses the suit. Plaintiffs...

Conley v Doe Superior Court of Massachusetts, 2001 14 Mass. L. Rptr. No. 3, 59 Facts Conley(plaintiff) is a 6th grade teacher at a suburban...

Connolly v. Nicolet Hotel Supreme Court of Minnesota, 1959 254 Minn. 373, 95 N.W.2d 657 Facts Connolly left the Hotel, where a convention had...

Connors v. University Associates in Obstetrics and Gynecology Prepared by Candice Facts: A woman went in for surgery and came out with no...

1. Cooley v. Public Service Co. (1940); pg. 159, briefed 10/2/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Cope v. Scott Prepared by Candice Facts: Cope was driving on a road and collided with another driver on a sharp turn. He sued the national...

Courvoisier v. Raymond Supreme Court of CO 1896 Prepared by Dirk Facts: -Two men broke into defendant’s store late one night. In response,...

1. Courvoisier v. Raymond (1896); briefed 9/3/94. Pg. 32 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: ∆ was sleeping...

Cox v Northwest Airlines US Court of Appeals, 7th Circuit (1967) 379 F.2d 893 Facts Plaintiff’s husband was a passenger on Northwest’s plane...

Credit Alliance Corp. v. Arthur Andersen & Co. (1985) Procedure: Motion to amend remittitur granted. Return of remittitur requested and, when...

Daley v. LaCroix (1970) Procedure: Plaintiff homeowners appealed a decision of the Michigan Court of Appeals. The decision affirmed a directed...

Dalury v. S-K-I Prepared by Dirk Facts: -Plaintiff was badly hurt while skiing at defendant’s resort. - He hit a Metal Pole that was part...

Dalury v. SKI (1995) Facts: P was badly hurt while skiing at D’s resort when he collided with a metal pole that was part of the ski lift. Prior...

Dalury v. SKI, Ltd., 670 A.2d 795 (Vermont 1995) Prepared by Candice Facts: Dalury was injured when skiing at the resort—he collided with a...

1. Daly v. General Motors Corp., (1978); pg. 722, briefed 3/5/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

1. Daniels v. Evans (1966); pg. 138, briefed 9/25/94 Prepared by Roger Martin (http://people.qualcomm.com/) 2. Facts: π is the father of...

Davenport v. Cotton Hope Plantation Horizontal Property Regime, 333 S.C. 71, 508 S.E. 2d 565 (South Carolina 1998) Prepared by Candice Facts: ...

De May v. Roberts (p. 71) 1881 Procedural Background: TC – jury returned a verdict for the plaintiff. Defendant appealed. Now it’s in MI appellate...

1. Denver & Rio Grande R.R. v. Peterson (1902); pg. 148, briefed 9/25/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Derdiarian v. Felix Contr'g Corp 51 N.Y.2d 308, 414 N.E.2d 66, 434 N.Y.S.2d 166 (1980) Facts Dickens, a defendant, suffered an epileptic seizure...

1. Derheim v. N. Fiorito Co., (1972); pg. 296, briefed 11/6/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: ∆ made...