Citation25 Cal. 2d 486, 154 P.2d 687 (1944) Brief Fact Summary. Plaintiff suffered serious injuries and pain after receiving a surgery at a hospital. Other doctors told him that his injuries were caused by trauma by pressure. Plaintiff sued all doctors and nurses that cared him during the previous surgery and hospitalization. Synopsis of Rule of Law. The doctrine of res ipsa loquitur applies where a plaintiff received unusual injuries while unconscious and in the course of medical treatment. All defendants who had any control over his body or the ...
Search Results
Palsgraf v. Long Island Railroad
Citation248 N.Y. 339, 162 N.E. 99 (1928) Brief Fact Summary. While a passenger trying to jump aboard, he dropped a package which contained fireworks and exploded. The explosion caused some scales to fall and hit Plaintiff. Synopsis of Rule of Law. If defendant commits a negligent act, defendant would be liable for that risk of some foreseeable result, but generally not liable for an entirely different, unforeseeable result. ...
Johnson v. Paynesville Farmers Union
Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. Defendant’s pesticide drifted and contaminated plaintiffs’ organic fields. Plaintiffs sued defendant for trespass. Synopsis of Rule of Law. Trespass claims address only tangible invasions of the right to exclusive possession of land. ...
Pavia v. State Farm Mutual Automobile Insurance Co.
Citation82 N.Y.2d 445, 626 N.E.2d 24, 605 N.Y.S.2d 208 (N.Y. 1993) Brief Fact Summary. Pavia was a passenger injured in a car accident. Pavia rejected a settlement offer from State Farm (insurer of the vehicle) given two and a half years after the accident as “too late” after State Farm finished weighing possible defenses in its assessment of the accident. The jury found for Pavia, at which time Pavia and the individual insured under the State Farm policy jointly sued State Farm for bad faith in failing to accept the settlement offer within a reasonable time despite the ...
Palsgraf v. Long Island Railroad Co.
Citation248 N.Y. 339, 162 N.E. 99 (N.Y. 1928) Brief Fact Summary. Ms. Palsgraf was struck by railroad scales when a man’s package of fireworks dropped and exploded while he was struggling to get on a moving train. Synopsis of Rule of Law. A defendant’s duty is limited to that risk which can be reasonably foreseen within a range of apprehension. ...
Desnick v. American Broadcasting Companies, Inc.
Citation44 F.3d 1345 (7th Cir. 1995) Brief Fact Summary. Despite promising no ambush interviews or undercover surveillance, TV program Entine sent fake patients to Desnick centers with concealed cameras. Synopsis of Rule of Law. No trespass or invasion of privacy claim arise when a defendant procures consent to enter an owner’s property through fraud if the harm to the plaintiff is not one that the tort’s cause of action intended to protect. ...
Pipher v. Parsell
Citation930 A.2d 890 Brief Fact Summary. Plaintiff was a passenger in defendant’s truck. As defendant drove along the highway, another passenger grabbed the steering wheel twice. After the wheel was grabbed a second time, the truck crashed into a tree and plaintiff was injured. Plaintiff sued defendant for negligence. Synopsis of Rule of Law. When it is foreseeable that the actions of a passenger will interfere with the driver’s safe operation of a motor vehicle, then the failure to prevent such conduct may be a breach of the driver’s duty to either o ...
Philadelphia Newspapers, Inc. v. Hepps
Citation475 U.S. 767, 106 S.Ct. 1558, 89 L.Ed.2d 783 Brief Fact Summary. Defendant published a series of articles linking plaintiff’s principal stockholder to organized crime and stating that he used his connections to influence the state’s governmental processes. Plaintiffs brought a defamation suit against defendant. Synopsis of Rule of Law. In a defamation suit where the speech is of public concern, a private-figure plaintiff must provide a showing of falsity and fault before recovering damages. ...
Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of Am.
Citation341 S.W.3d 323, 54 Tex. Sup. Ct. J. 822 Brief Fact Summary. Plaintiffs leased a property for their restaurant after being assured that the building was practically new and had no problems. Plaintiffs later learned that a severe odor plagued their restaurant’s site. They brought suit for misrepresentation. Synopsis of Rule of Law. Whether a a statement is an actionable statement of fact or purely an opinion depends on the circumstances, and special or one-sided knowledge may lead to the conclusion that a statement is one of fact. ...
Bonkowski v. Arlan’s Department Store
Citation12 Mich. App. 86, 162 N.W.2d 347 Brief Fact Summary. A police officer stationed in the defendant’s store stopped and questioned plaintiff, who he suspected of larceny. Plaintiff sued the defendant store for damages resulting from the interrogation, alleging false arrest and slander. Synopsis of Rule of Law. A merchant has a privilege to detain for reasonable investigation a person in the immediate vicinity who is believed to have unlawfully taken a chattel. ...
Belli v. Orlando Daily Newspapers, Inc.
Citation389 F.2d 579, cert. denied 393 U.S. 825, 89 S.Ct. 88, 21 L.Ed.2d 96 (1968) Brief Fact Summary. Defendant printed a false statement (which it further embellished) about plaintiff in the gossip column of its newspaper. Plaintiff brought suit for libel and slander. Synopsis of Rule of Law. If a statement is capable of carrying two meanings (one being defamatory and the other not), then it is up for a jury to determine whether the statement conveyed a defamatory meaning. ...
Ybarra v. Spangard
Citation154 P.2d 687 (Cal. 1944) Brief Fact Summary. Ybarra (Plaintiff) was injured during the removal of his appendix by Spangard (Defendant) and other doctors and nurses. Because Plaintiff was unconscious during the surgery, he did not have evidence of which medical professional may have caused the injury. Synopsis of Rule of Law. Res ipsa loquitur may still be used as a theory of negligence in cases with multiple defendants, any of whom may have caused the injury. ...
Robins Dry Dock & Repair Co. v. Flint
Citation275 U.S. 303 (1927) Brief Fact Summary. Flint (Plaintiff) chartered a steamboat that was repaired by Robins Dry Dock & Repair Co. (Defendant). Plaintiff lost profits when Defendant took two weeks to repair the boat. Synopsis of Rule of Law. One cannot recover lost profits from a defendant that are due to negligence by defendant against another party. ...
Palsgraf v. Long Island Railroad Co.
Citation162 N.E. 99 (N.Y. 1928) Brief Fact Summary. Palsgraf (Plaintiff) was standing on the platform of Long Island Railroad Co. (Defendant) when another passenger’s package exploded and caused some scales to tip over and hit Plaintiff. Synopsis of Rule of Law. A person cannot be held liable for harm that is not of the type that would be foreseeable. ...
Ybarra v. Spangard
Citation154 P.2d 687 (Cal. 1944) Brief Fact Summary. Ybarra (Plaintiff) was injured during the removal of his appendix by Spangard (Defendant) and other doctors and nurses. Because Plaintiff was unconscious during the surgery, he did not have evidence of which medical professional may have caused the injury. Synopsis of Rule of Law. Res ipsa loquitur may still be used as a theory of negligence in cases with multiple defendants, any of whom may have caused the injury. ...
Palsgraf v. Long Island Railroad Co.
Citation162 N.E. 99 (N.Y. 1928)Brief Fact Summary. A woman was injured after fireworks fell under a train and exploded. Synopsis of Rule of Law. A claim of negligence is not actionable if it did not invade a legally protected interest of the plaintiff. ...
Palsgraf v. Long Island R.R.
Citation162 N.E. 99 (N.Y. 1928) Brief Fact Summary. The plaintiff was waiting on the platform for her train when a man carrying a package rushed to catch the train pulling out of the station. He attempted to jump into the train car, with assistance from a guard on the platform and a guard in the car, but he dropped his package onto the tracks. The package contained fireworks, and it exploded upon impact, causing scales on the other end of the platform to fall on and injure the plaintiff. Synopsis of Rule of Law. A negligent party’s duty of care ...
Willson v. The Black Bird Creek Marsh Company
Citation. 27 U.S. (2 Pet.) 245 (1829) Brief Fact Summary. A state law empowered Plaintiff to build a dam in a creek, obstructing navigation of the creek by Defendants and others. Defendants broke the dam. Synopsis of Rule of Law. A state law affecting interstate commerce does not conflict with Congress’ commerce power in its dormant state—that is, where Congress has not utilized its commerce power to regulate the activity at issue. ...
West Coast Hotel Co. v. Parrish
Citation300 U.S. 379 (1937) Brief Fact Summary. West Coast Hotel violated a state minimum wage law for women workers. Synopsis of Rule of Law. Minimum wage laws for women do not violate the Due Process Clause. ...
Planned Parenthood v. Casey
Citation505 U.S. 833 (1992) Brief Fact Summary. The Pennsylvania’s abortion law states that no physician shall perform an abortion on a married woman without receiving a signed statement from the woman that she has notified her spouse that she is about to undergo an abortion. The petitioner challenged the law. Synopsis of Rule of Law. Subsequent to vitality, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the ...
Massachusetts v. EPA
Citation549 U.S. 497 (2007) Brief Fact Summary. The plaintiffs sued the EPA, arguing that its failure to regulate emissions violated the Clean Air Act. Synopsis of Rule of Law. A state can have show injury and standing to sue the EPA for violating its obligations under the Clean Air Act. ...
Geier v. American Honda Motor Company
Citation529 U.S. 861 (2000) Brief Fact Summary. Geier sued in tort, claiming American Honda had designed the car negligently and defectively by not providing a driver’s side airbag. Synopsis of Rule of Law. Where the rule of law for which petitioners contend would have stood as an obstacle to the accomplishment and execution of the important means-related federal objectives, the petitioners may not bring that claim. ...
Ex Parte Quirin
Citation317 U.S. 1 (1942) Brief Fact Summary. Petitioners traveled from Germany to the United States, where they were detained and accused of committing violations of the law of war. The President appointed a military commission to try them instead of civilian courts. Synopsis of Rule of Law. Individuals who are accused of committing violations of the law of war can be tried by military tribunals instead of civilian courts. ...
Ex Parte McCardle
Citation. 74 U.S. (7 Wall.) 506 (1869) Brief Fact Summary. Congress repealed a law that granted the Supreme Court appellate jurisdiction over habeas corpus cases. Synopsis of Rule of Law. Congress can repeal jurisdiction it grants to the Supreme Court. ...
DeShaney v. Winnebago County Department of Social Services
Citation489 U.S. 189 (1989) Brief Fact Summary. Petitioner is a boy who was beaten and permanently injured by his father, with whom he lived. Respondents are social workers and other local officials who received complaints that petitioner was being abused by his father and had reason to believe that this was the case, but nonetheless did not act to remove petitioner from his father’s custody. Petitioner sued respondents claiming that their failure to act deprived him of his liberty in violation of the Due Process Clause of the Fourteenth Amendment. Synopsi ...