Borders v. Roseberry
Brief

View this case and other resources at: Citation. 216 Kan. 486, 532 P.2d 1366, 1975 Kan. Brief Fact Summary. The Plaintiff, Gary Borders (Plaintiff), was injured when he slipped and fell on icy steps while visiting a tenant at the Defendant, Roseberry's (Defendant), house. Defendant knew of a condition that caused water to drip onto the steps and freeze there. Plaintiff sued Defendant for injuries sustained. Synopsis of Rule of Law. A landlord has no duty to social guests of his tenant to repair a known condition at the tenant's residence, unless one of six exceptions is pres ...

Rowland v. Christian
Brief

View this case and other resources at: Citation. 283 Fed. Appx. 251, 2008 U.S. App. Brief Fact Summary. The Plaintiff, Rowland (Plaintiff), was injured when a cracked handle on a water faucet broke while Plaintiff was using the Defendant, Christian's (Defendant) bathroom. Defendant knew of the faulty handle, but failed to inform Plaintiff. Plaintiff filed suit for injuries. Synopsis of Rule of Law. California abolishes the traditional classifications of trespassers, licensees and invitees and instead applies ordinary principles of negligence in these cases. ...

Whelan v. Van Natta
Brief

View this case and other resources at: Citation. 382 S.W.2d 205, 1964 Ky. Brief Fact Summary. The Plaintiff, Whelan (Plaintiff), entered the Defendant, Van Natta's (Defendant) store, made a purchase and then asked if he could have a box. Defendant told Plaintiff to enter a back room to get the box. Plaintiff was injured when he fell into an unseen stair well in the unlit back room. Synopsis of Rule of Law. A land possessor is only subject to the liability of another as an invitee for harm sustained while he is on the land within the scope of his invitation. ...

Wilk v. Georges
Brief

View this case and other resources at: Citation. 274 F.3d 148 Brief Fact Summary. The Plaintiff, Wilk (Plaintiff), was injured when she slipped and fell on wet flanks at Defendant, George's (Defendant) garden supply and nursery shop. Defendant had placed signs warning of the wet conditions. Synopsis of Rule of Law. If a condition is unreasonably dangerous, the owner of the premises must take reasonable and feasible steps to eliminate the danger. ...

Barmore v. Elmore
Brief

View this case and other resources at: Citation. 83 Ill. App. 3d 1056, 403 N.E.2d 1355, 1980 Ill. App. Brief Fact Summary. The Plaintiff, Barmore (Plaintiff), visited the home of the Defendants, Thomas Elmore Sr. (Thomas Sr.), Esther Elmore and Thomas Elmore Jr. (Thomas Jr.) (Defendants), to discuss business of the Masonic Lodge. During the visit, Plaintiff was attacked and stabbed by Thomas Elmore Jr. Plaintiff filed suit against the Defendants, claiming they were negligent in failing to protect him from a dangerous condition on their premises. Synopsis of Rule of Law. Soci ...

Campbell v. Weathers
Brief

View this case and other resources at: Citation. 145 F.3d 1180 Brief Fact Summary. The Plaintiff, Campbell (Plaintiff), entered the business of the Defendant, Weathers (Defendant) and without purchasing any items, used the restroom. Plaintiff was injured when he stepped into an open trap door on the way to the restroom. Plaintiff sues for negligence. Synopsis of Rule of Law. If an individual enters a store with the intention of then, or at some other time, doing business with that store, he is an invitee. ...

Taylor v. Olsen
Brief

View this case and other resources at: Citation. ...

Endresz v. Friedberg
Brief

View this case and other resources at: Citation. 24 N.Y.2d 478, 248 N.E.2d 901, 301 N.Y.S.2d 65, 1969 N.Y. Brief Fact Summary. Mrs. Endresz was seven months pregnant when she was injured in an automobile accident with Friedberg, causing her twins to be delivered stillborn. The Plaintiffs, members of the Endresz family (Plaintiff), sued the Defendant, Friedberg (Defendant), for among other things, the wrongful death of each child. Synopsis of Rule of Law. New York does not allow a cause of action for the wrongful death of unborn children. ...

Procanik by Procanik v. Cillo
Brief

View this case and other resources at: Citation. 97 N.J. 339, 478 A.2d 755 (1984). Brief Fact Summary. The Plaintiff, Peter Procanik (Plaintiff), was born with multiple birth defects, the result of his mother's German Measles that the Defendants, Dr. Cillo and other doctors (Defendants), negligently failed to diagnose. Plaintiff sued Defendants claiming general damages for emotional distress and for an impaired childhood because the Defendants negligently deprived his parents of the choice of terminating the pregnancy. Plaintiff also claims special damages for the extraordinar ...

Daley v. LaCroix
Brief

View this case and other resources at: Citation. 384 Mich. 4, 179 N.W.2d 390, 1970 Mich. Brief Fact Summary. The Defendant, LaCroix (Defendant), wrecked his car shearing off a utility pole and creating an electrical explosion at the Plaintiffs, the Daleys' house (Plaintiffs). Plaintiffs claimed, in addition to property damage, that two family members suffered severe emotional disturbance as a result of the accident. The trial court granted a directed verdict on the ground that Michigan law denies recovery for emotional disturbance without a showing of physical impact. Synopsi ...

Thing v. La Chusa
Brief

View this case and other resources at: Citation. 48 Cal. 3d 644, 771 P.2d 814, 257 Cal. Rptr. 865, 1989 Cal. Brief Fact Summary. The Plaintiff, Maria Thing's (Plaintiff) son was struck by an automobile and injured. Plaintiff did not witness the accident, but arrived at the scene shortly thereafter. Plaintiff sued the Defendant, James La Chusa (Defendant), for negligent infliction of emotional distress. Synopsis of Rule of Law. The California Supreme Court has ruled that a plaintiff must be present when an injury occurs and be closely related to the injured party to recover d ...

Tarasoff v. Regents of University of California
Brief

View this case and other resources at: Citation. 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14, 1976 Cal. Brief Fact Summary. Posenjit Poddar (Mr. Poddar), the patient of the Defendants, four psychiatrists (Defendants), threatened to kill the Plaintiffs, Mr. and Mrs. Tarasoff's (Plaintiffs) daughter, Tatiana Tarasoff (Tatiana). Mr. Poddar was briefly detained, but then released. Mr. Poddar did in fact kill Tatiana. The Plaintiffs filed suit claiming that Defendants should be liable for Tatiana's death because they failed to warn her or them about the patient's threat. Synop ...

State of Louisiana ex rel. Guste v. M/V Testbank
Brief

View this case and other resources at: Citation. 752 F.2d 1019, cert. denied, 477 U.S. 903 (5th Cir.1985). Brief Fact Summary. Two ships collided, causing toxic chemicals to be released into the environment and causing the United States Coast Guard (Coast Guard) to close a Mississippi River outlet. Numerous lawsuits were filed by those affected by the closing of the outlet. The district court granted a motion for summary judgment on all claims for economic loss unaccompanied by physical damage to property. Synopsis of Rule of Law. The majority rule does not allow recovery ...

J.S. and M.S. v. R.T.H
Brief

View this case and other resources at: Citation. 155 N.J. 330, 714 A.2d 924, 1998 N.J. Brief Fact Summary. A neighbor sexually abused two young girls and admitted to the abuse. As part of a tort action, the parents of the girls brought suit against the wife of the abuser, claiming that her negligence was a cause of the abuse. The wife answered by claiming that she owed no duty to the girls and if she did her actions were not a proximate cause of their injuries. Synopsis of Rule of Law. A spouse owes a duty to prevent sexual abuse by his or her spouse if they have actual know ...

Hegel v. Langsam
Brief

View this case and other resources at: Citation. 29 Ohio Misc. 147, 273 N.E.2d 351, 1971 Ohio Misc. Brief Fact Summary. A Chicago University (the University) failed to look after one of its students and the student began using drugs and associating with criminals. The parents sued the university for failing to maintain order on campus and contributing to the delinquency of a minor. Synopsis of Rule of Law. A university is under no duty to act in order to ensure that its students are behaving appropriately. ...

L.S. Ayres & Co. v. Hicks
Brief

View this case and other resources at: Citation. 220 Ind. 86, 41 N.E.2d 356, 41 N.E.2d 195, 40 N.E.2d 334 (1942) Brief Fact Summary. The Plaintiff, (Hicks), a six-year-old boy, fell and got his fingers caught in an escalator at the Defendant, L.S. Ayres & Co.'s (Defendant) store. Defendant unreasonably delayed in stopping the escalator, aggravating the injury. Synopsis of Rule of Law. Under the common law, certain special relationships give rise to a duty to assist or rescue injured individuals. ...

H.R. Moch Co. v. Rensselaer Water Co
Brief

View this case and other resources at: Citation. 247 N.Y. 160, 159 N.E. 896 (N.Y.App.1928). Brief Fact Summary. The Plaintiff, H.R. Moch Co.'s (Plaintiff) warehouse was damaged by a fire. Plaintiff sued the Defendant, Rensselaer Water Co. (Defendant), for failing to provide sufficient water to extinguish the fire, as Defendant had contracted to do with the city. Defendant filed a demurrer to dismiss the complaint. Synopsis of Rule of Law. A defendant's failure to act is not actionable under tort law unless the defendant has a duty to act as to the plaintiff. ...

Clagett v. Dacy
Brief

View this case and other resources at: Citation. 47 Md. App. 23, 420 A.2d 1285, 1980 Md. App. Brief Fact Summary. The Appellants, were high bidders on a piece of property (Appellants). However, the sale of the property failed due to improper procedures by the Appellees, two attorneys (Appellees). The debtor regained the property and Appellants sued the Appellees for losses incurred due to the Appellees' failure to exercise care and diligence in the sale. The trial court sustained a demurrer by the Appellees, finding that no such duty existed. Synopsis of Rule of Law. A plain ...

Winterbottom v. Wright
Brief

View this case and other resources at: Citation. 1952 U.S. Dist. Brief Fact Summary. The Defendant, Mr. Wright (Defendant), contracted with the Postmaster General to keep coaches in working order. The Defendant failed to uphold his duty and the Plaintiff, Mr. Winterbottom (Plaintiff), was injured as a result. Synopsis of Rule of Law. A plaintiff cannot bring tort claims against a defendant for nonfeasance that resulted from a contract which plaintiff was not privy to. ...

MacPherson v. Buick Motor Co
Brief

View this case and other resources at: Citation. 161 A.D. 906 145 N.Y.S. 1132 1914 N.Y. App. Div. Brief Fact Summary. The Plaintiff, MacPherson (Plaintiff), bought a car from a retail dealer, and was injured when a defective wheel collapsed. Plaintiff sued the Defendant, Buick Motor Co. (Defendant), the original manufacturer of the car, on an action for negligence. Defendant had purchased the faulty wheel from another manufacturer and Defendant failed to inspect the wheel. Synopsis of Rule of Law. If a product is reasonably expected to be dangerous if negligently made and th ...

Dillon v. Twin State Gas & Electric Co
Brief

View this case and other resources at: Citation. 85 N.H. 449, 163 A. 111, 1932 N.H. Brief Fact Summary. The Plaintiff, Dillon (Plaintiff), sued as the administrator of decedent's estate. Decedent was electrocuted when he lost his balance on a bridge and grabbed a live wire maintained by the Defendant, Twin State Gas & Electric Co. Defendant claims exception for a denial of its motion for a directed verdict based on a lack of damages. Synopsis of Rule of Law. A jury must determine if damages are available when a decedent is killed by the negligence of defendant, but deced ...

Bruckman v. Pena
Brief

View this case and other resources at: Citation. 29 Colo. App. 357, 487 P.2d 566, 1971 Colo. App. Brief Fact Summary. The Plaintiff, Mr. Pena (Plaintiff), was injured in a car collision, aggravating injuries caused in an earlier collision with the Defendant, Mr. Bruckman (Defendant). The trial court instructed the jury that Defendant would be liable for all damages if the jury was unable to apportion the injuries between the two collisions. Defendant seeks a reversal based on the instruction. Synopsis of Rule of Law. The plaintiff retains the burden of proof when claiming th ...

Michie v. Great Lakes Steel Division, Nat’l Steel Corp
Brief

View this case and other resources at: Citation. 495 F.2d 213 U.S.Ct.Appl.1974). Brief Fact Summary. Multiple people filed a complaint against three corporations claiming a nuisance for pollution. There was no assertion of joint action or conspiracy. The corporation filed a motion to dismiss, claiming each appellee individually failed to meet the $10,000 amount in controversy requirement for federal jurisdiction. Synopsis of Rule of Law. Under Michigan law, multiple defendants may be found jointly and severally liable when injuries cannot effectively be apportioned between d ...

Knell v. Feltman
Brief

View this case and other resources at: Citation. 174 F.2d 662, 85 U.S. App. D.C. 22 1949 U.S. App. Brief Fact Summary. Plaintiffs were passengers in a car driven by Knell, when the car collided with a taxicab owned by Feltman. Plaintiffs sued Feltman, who filed a third-party complaint against Knell for contributory negligence. The court ordered contribution by Knell to Feltman. Knell claims that contribution is not warranted because joint liability was not established. Synopsis of Rule of Law. As long as concurrent tortfeasors are not intentional wrongdoers, contribution wil ...

Slocum v. Donahue
Brief

View this case and other resources at: Citation. 430 Mass. 1108 720 N.E.2d 469 1999 Brief Fact Summary. The Plaintiffs, the Slocums (Plaintiffs) filed a civil action against the Defendants, Robert F. Donahue and Dolores J. Donahue (Defendants), for negligence resulting in the vehicular death of their son. The Donahues filed a third-party complaint against Ford Motor Company (Ford) claiming Ford was negligent in the car design and requesting contribution or indemnification. The trial court denied the third-party complaint on summary judgment. Synopsis of Rule of Law. Indemn ...