Deuser v. Vecera
Brief

View this case and other resources at: Citation. 139 F.3d 1190, 1998 U.S. App. Brief Fact Summary. Albert Deuser (Mr. Deuser), found to be drunk and obnoxious at a fair, was arrested and then released by National Park Rangers. After being released, Mr. Deuser wandered into a street and was killed. The Appellants, Mr. Deuser's survivors (Appellants), brought a claim against the Appellees, the United States and certain individuals including David Vecera (Mr. Vecera)(Appellees), under the Federal Tort Claims Act (FTCA). Synopsis of Rule of Law. The discretionary function except ...

Riss v. New York
Brief

View this case and other resources at: Citation. 22 N.Y.2d 579, 293 N.Y.S.2d 897, 240 N.E.2d 860 Brief Fact Summary. The Plaintiff, Linda Riss (Plaintiff), was continuously harassed by a jilted lover, who eventually paid someone to throw lye in Plaintiff's face, seriously injuring her. Plaintiff asked for protection from the police on multiple occasions, but received little or no help. Synopsis of Rule of Law. Police authorities are not liable for failing to provide special protection to individuals threatened with harm. ...

Abernathy v. Sisters of St. Mary’s
Brief

View this case and other resources at: Citation. 446 S.W.2d 599, 1969 Mo. Brief Fact Summary. The Plaintiff, Abernathy (Plaintiff), allegedly sustained injuries when the Defendant, Sisters of St Mary's (Defendant), employee negligently failed to assist him as he moved from his bed to the bathroom. Plaintiff brought suit and the trial court granted Defendant's motion for summary judgment based on the doctrine of immunity for charitable organizations. Synopsis of Rule of Law. The reasons for the common law rule of immunity for nongovernmental charitable organizations are no lo ...

Ayala v. Philadelphia Board of Public Education
Brief

View this case and other resources at: Citation. 453 Pa. 584, 305 A.2d 877,1973 Pa. Brief Fact Summary. The Appellants, William Ayala and William Ayala Jr. (William Jr.) (Appellants), brought suit to recover damages after William Jr.'s arm was injured in a shredding machine during class. The Appellee, Philadelphia Board of Education (Appellee), asserted governmental immunity, and the Superior Court affirmed the defense. Synopsis of Rule of Law. The defense of governmental immunity is no longer applicable in Pennsylvania. ...

Freehe v. Freehe
Brief

View this case and other resources at: Citation. 81 Wn.2d 183, 500 P.2d 771,1972 Wash. Brief Fact Summary. The Plaintiff, Clifford Freehe (Plaintiff), was injured on a negligently maintained tractor owned by the Defendant, Hazel Knoblauch (Defendant), his wife. Plaintiff had no interest in the tractor or the farming operation. Plaintiff brought suit, Defendant claimed interspousal immunity. Synopsis of Rule of Law. The Supreme Court of Washington abandoned the interspousal immunity rule, allowing spouses to bring suit against one another in tort. ...

Renko v. McLean
Brief

View this case and other resources at: Citation. 346 Md. 464, 697 A.2d 468,1997 Md. Brief Fact Summary. The Plaintiff, Natasha Renko (Plaintiff), was seriously injured while a minor, when the Defendant, her mother Teresa McLean (Defendant) drove their car into the back of another vehicle. Plaintiff sued Defendant requesting that the court recognize an exception to the parent-child immunity doctrine. Synopsis of Rule of Law. The parent-child immunity doctrine disallows suits between children and parents for torts occurring during the child's minority. ...

Teeters v. Currey
Brief

View this case and other resources at: Citation. 518 S.W.2d 512, 1974 Tenn. Brief Fact Summary. The Defendant, Currey (Defendant), negligently performed a surgery on the Plaintiff, Teeters (Plaintiff) that was intended to prevent future pregnancy. Plaintiff did not discover the negligence until three years later when she gave birth. Plaintiff sued and Defendant answered claiming the statute of limitations as a bar to recovery. Synopsis of Rule of Law. Under Tennessee law, the statute of limitations in medical malpractice actions begins to run when the plaintiff discovers, or ...

Rush v. Commercial Realty Co
Brief

View this case and other resources at: Citation. 7 N.J.Misc. 337, 145 A. 476 (1929). Brief Fact Summary. The Plaintiff, tenant Rush (Plaintiff), was injured when she fell through the floor of a detached privy. Plaintiff won a suit against the Defendant landlord, Commercial Realty Co. (Defendant). The Defendant appealed. Synopsis of Rule of Law. Implied assumption of the risk is applicable only when a plaintiff voluntarily encounters a known risk. ...

Blackburn v. Dorta
Brief

View this case and other resources at: Citation. 348 So. 2d 287, 1977 Fla. Brief Fact Summary. Three cases where consolidated by the Supreme Court of Florida to determine if the doctrine of implied assumption of the risk was viable as an absolute bar to recovery subsequent to adoption of comparative negligence. Synopsis of Rule of Law. The concept of comparative negligence eliminates the need for the affirmative defense of implied assumption of the risk. ...

McIntyre v. Balentine
Brief

View this case and other resources at: Citation. 833 S.W.2d 52 Brief Fact Summary. The Plaintiff, Harry McIntyre (Plaintiff) and the Defendant, Clifford Balentine (Defendant), were involved in a car accident, with both parties being partially responsible. The jury found for the Defendant based on the contributory negligence doctrine. Plaintiff appealed and requested that the court adopt comparative negligence. Synopsis of Rule of Law. Tennessee adopts modified comparative negligence, allowing plaintiffs to recover so long as their negligence does not exceed the negligence of the ...

Winterstein v. Wilcom
Brief

View this case and other resources at: Citation. 16 Md. App. 130, 293 A.2d 821 Brief Fact Summary. The Plaintiffs, Roland Winterstein (Winterstein) and his wife (Plaintiffs), was injured when his race car hit a cylinder head on the Defendant, Wilcom's (Defendant) racetrack. Winterstein had signed a release assuming all risks of injury. Plaintiffs sued for negligence. Synopsis of Rule of Law. Releases whereby a party assumes the risk of an activity are generally valid so long as they do not violate public policy. ...

Butterfield v. Forrester
Brief

View this case and other resources at: Citation. 11 East 60, 103 Eng.Rep. 926 (K.B. 1809). Brief Fact Summary. The Plaintiff, Butterfield (Plaintiff), was injured when he rode his horse into an obstruction placed into the road by the Defendant, Forrester (Defendant). A witness said that if Plaintiff had not been riding hard, he would have been able to see and avoid the obstruction. Synopsis of Rule of Law. The plaintiff's failure to exercise reasonable and ordinary care in this case is a complete bar to recovery from the defendant, initializing the concept of contributory ne ...

Davies v. Mann
Brief

View this case and other resources at: Citation. 152 ER 588 Brief Fact Summary. The Plaintiff, Davies (Plaintiff), had his ass illegally tethered along a public highway. The Defendant, Mann (Defendant), came along the path at a quick pace and ran down the ass, killing it. The judge instructed the jury that if the proximate cause of the injury was due to the lack of proper conduct of the Defendant, an action is maintainable. Synopsis of Rule of Law. If the defendant had an opportunity to avoid the accident after the plaintiff no longer had such an opportunity, and the defendant ...

Murphy v. Martin Oil Co
Brief

View this case and other resources at: Citation. 56 Ill. 2d 423, 308 N.E.2d 583, 1974 Ill. Brief Fact Summary. The Plaintiff, Mrs. Murphy (Plaintiff), sued under both the Wrongful Death Statute and the Survival Statute for injuries sustained by her husband during a fire at the Defendant, Martin Oil Co.'s (Defendant) premises. Plaintiff's husband survived for nine days, then died from his injuries. Synopsis of Rule of Law. Damages for loss of property, loss of wages and the pain and suffering of a decedent are allowed under survival statutes when the decedent later dies from ...

Moragne v. States Marine Lines, Inc
Brief

View this case and other resources at: Citation. 398 U.S. 375, 90 S. Ct. 1772, 26 L. Ed. 2d 339, 1970 U.S. Brief Fact Summary. Petitioner brought a wrongful death claim on behalf of her dead husband. Previous case law had determined that maritime law does not afford a cause of action for wrongful death. The United States Supreme Court (Supreme Court) took the case to determine if the previous case law was still applicable. Synopsis of Rule of Law. The Supreme Court overturns it's previous holding in The Harrisburg and allows for a wrongful death action in maritime law. ...

Selders v. Armentrout
Brief

View this case and other resources at: Citation. 192 Neb. 291, 220 N.W.2d 222, 1974 Neb. Brief Fact Summary. Plaintiffs sued for the wrongful death of their three children. Defendants asserted that damages are limited to pecuniary loss, while plaintiffs asserted that loss of society, comfort, and companionship of the children are compensable. Synopsis of Rule of Law. Under Nebraska law, the loss of society, comfort and companionship are recoverable for a child's death in a wrongful death suit. ...

BMW of North America, Inc. v. Gore
Brief

View this case and other resources at: Citation. 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996) Brief Fact Summary. The Respondent, Ira Gore, Jr. (Respondent), purchased a new BMW and later learned that the car had been repainted. In a suit for suppression of a material fact, the Respondent was awarded $2 million in punitive damages. The Petitioner, BMW of North America, Inc. (Petitioner), appeals, claiming the punitive damages award is grossly excessive. Synopsis of Rule of Law. The Due Process Clause of the 14th Amendment of the United States Constitution (Const ...

Price v. Hartford Accident and Indemnity Co
Brief

View this case and other resources at: Citation. 108 Ariz. 485, 502 P.2d 522 (1972). Brief Fact Summary. The Plaintiff, Charles Price (Plaintiff), was sued for punitive damages resulting from an accident caused by a drag race. The Defendant, Plaintiff's insurance company, Hartford Accident and Indemnity Co. (Defendant), claimed that it was not responsible for the punitive damage claim based on public policy considerations. Synopsis of Rule of Law. In Arizona, public policy does not make insurance policies void that promise to pay all sums, including punitive damages. ...

Zimmerman v. Ausland
Brief

View this case and other resources at: Citation. 266 Or. 427, 513 P.2d 1167 (1973) Brief Fact Summary. The Plaintiff, Zimmerman (Plaintiff), obtained a $7,500 jury verdict for damages incurred during an automobile accident caused by the Defendant, Ausland (Defendant). These damages included a permanent injury based on torn cartilage, preventing Plaintiff from engaging in strenuous physical education activities. Synopsis of Rule of Law. In order to recover for permanent injuries, a plaintiff has a duty to mitigate those damages by submitting to treatment that would cure the ...

Gryc v. Dayton-Hudson Corp
Brief

View this case and other resources at: Citation. 297 N.W.2d 727, 1980 Minn. Brief Fact Summary. The Plaintiff, Lee Ann Gryc (Plaintiff), suffered severe burns when her pajamas were ignited by an electronic stove. The jury found that the Defendant Riegel Textile Corporation (Defendant), the manufacturer of the material the pajamas were made of, was liable and awarded Plaintiff both compensatory and punitive damages. Synopsis of Rule of Law. Punitive damages are an appropriate remedy both to punish past conduct and prevent future conduct when a defendant has demonstrated reckl ...

Richardson v. Chapman
Brief

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

Montgomery Ward & Co., Inc. v. Anderson
Brief

View this case and other resources at: Citation. 536 U.S. 934 Brief Fact Summary. The Appellee, Anderson (Appellee), was sent by the Appellant, Montgomery Ward & Co., Inc. (Appellant), to the University of Arkansas for Medical Sciences (UAMS) hospital for treatment, after she fell at Appellant's store. Appellee reached an agreement with UAMS, discounting her bill by fifty percent. Appellant moved to prohibit Appellee from presenting her total UAMS bill as proof of her medical expenses, Appellee claimed that the collateral source rule would prohibit Appellant from introducing ev ...

Anderson v. Sears, Roebuck & Co
Brief

View this case and other resources at: Citation. 421 F.3d 234 Brief Fact Summary. Plaintiff, a young child, was severely burned during a house fire caused by the Defendants' negligent manufacture of a heater. The jury awarded plaintiff $2,000,000 in compensatory damages and the defendants moved for remittitur. Synopsis of Rule of Law. Under the maximum recovery rule, a court will overrule a jury's determination of damages only if the damages exceed the maximum amount the jury could reasonably find based upon all of the evidence. ...

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. ...