Watson v. Kentucky & Indiana Bridge & R.R. Co
Brief

View this case and other resources at: Citation. 522 U.S. 1081 118 S. Ct. 864 139 L. Ed. 2d 762 1998 Brief Fact Summary. The Plaintiff, Watson (Plaintiff), was injured when a third party lit a match and ignited gasoline vapor causing an explosion. The gasoline vapor was the result of the derailing of a rail car owned by the Defendant, Kentucky & Indiana Bridge & R.R. Co. (Defendant). Synopsis of Rule of Law. If an intervening act is merely unforeseeable it does not sever the liability of the primary negligent party. However, if the intervening act is so unexpected or ...

Yun v. Ford Motor Co
Brief

View this case and other resources at: Citation. 647 A.2d 841 (1994). Brief Fact Summary. A car struck the plaintiff's father when he attempted to retrieve a spare tire and support brackets from the highway after they had fallen off. Synopsis of Rule of Law. An intervening cause, which is an unforeseeable or extraordinary event, breaks the chain of causation. ...

Overseas Tankship v. Morts Dock & Engineering Co., Ltd. “Wagon Mound No. 1″
Brief

View this case and other resources at: Citation. Privy Council, 1961. Brief Fact Summary. The defendants negligently caused oil to spill into the Port of Sydney and do minimal damage to the plaintiff's wharf. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. Synopsis of Rule of Law. The natural consequences rule is overruled and reasonable foreseeability test is adopted. ...

Overseas Tankship Ltd. V. Miller Steamship Co. “Wagon Mound No. 2″
Brief

View this case and other resources at: Citation. Privy Council 1966. Brief Fact Summary. The defendants negligently caused oil to spill into the Port of Sydney. This spill did minimal damage to the plaintiff's ships. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. The fire destroyed the ships. Synopsis of Rule of Law. If a party did nothing to prevent the injury, he is liable for the foreseeable consequences of his actions, even if the consequences are remote. ...

Bartolone v. Jeckovich
Brief

View this case and other resources at: Citation. 103 A.D.2d 632, 481 N.Y.S.2d 545, 1984 N.Y. App. Div. Brief Fact Summary. The plaintiff suffered whiplash and other injuries as a result of a car crash. His injuries aggravated a pre-existing schizophrenic condition. Synopsis of Rule of Law. The defendant must take the plaintiff as he finds him and maybe liable fore aggravating pre-existing illnesses. ...

In re Arbitration Between Polemis and Furness, Withy & Co., Ltd
Brief

View this case and other resources at: Citation. 3 K.B. 560 (1921). Brief Fact Summary. While discharging cargo from a ship, a wooden plank fell causing a spark to ignite the petrol the ship carried. The resulting fire destroyed the ship. Synopsis of Rule of Law. The exact way in which damage or injury results need not be foreseen for liability to attach, the fact that the negligent act caused the result is enough. ...

Ryan v. New York Central R.R. Co
Brief

View this case and other resources at: Citation. 91 Am.Dec. 49 Brief Fact Summary. Due to the Defendant, New York Central R.R. Co.'s (Defendant) negligence, a fire started in a populated area and spread to the Plaintiff, Ryan's (Plaintiff) home, destroying it and several other properties. Synopsis of Rule of Law. Parties are not liable for the remote results of their negligence, only the proximate consequences. ...

Sindell v. Abbott Laboratories
Brief

View this case and other resources at: Citation. 449 U.S. 912 101 S. Ct. 285 101 S. Ct. 286 66 L. Ed. 2d 140 Brief Fact Summary. The Plaintiff, Sindell (Plaintiff), developed cancer as a result of a drug her mother took while pregnant. Synopsis of Rule of Law. In certain circumstances where the plaintiff is unable to identity the actual tortfeasor and it is unjust to preclude them from recovery, then the group responsible for the overall harm can be held liable. ...

Atlantic Coast Line R. CO. v. Daniels
Brief

View this case and other resources at: Citation. 175 F. 302, 1909 U.S. App. Brief Fact Summary. None provided. Synopsis of Rule of Law. To limit a potentially limitless chain of causes, we must look to the proximate cause of the injury and draw arbitrary lines to limit liability. ...

Anderson v. Minneapolis, St. P. & S.St. M. R.R. Co
Brief

View this case and other resources at: Citation. 146 Minn. 430, 179 N.W. 45, 1920 Minn. Brief Fact Summary. A forest fire resulted in the destruction of the Plaintiff, Anderson's (Plaintiff), property. The fire had two origins, one cause was due to the negligence of the Defendant, Minneapolis, St. P. & S. St. M.R.R. Co. (Defendant), the other cause was unknown. Synopsis of Rule of Law. When the injury is caused by multiple acts of negligence, but only one tortfeasor is known, that party is still liable for the injury. ...

Summers v. Tice
Brief

View this case and other resources at: Citation. 33 Cal.2d 80, 199 P.2d 1 (1948) Brief Fact Summary. Plaintiff was injured when he was shot in the eye during a hunting expedition. Two defendants negligently shot in his direction at the same time. Synopsis of Rule of Law. When there is negligence by multiple parties, and one party can only have caused the plaintiff's injury, then it is up to the negligent parties to absolve themselves if they can. ...

Daubert v. Merrell Dow Pharmaceuticals, Inc
Brief

View this case and other resources at: Citation. 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469, 1993 U.S. Brief Fact Summary. The Plaintiffs, Daubert and other minors (Plaintiffs), suffered limb reduction birth defects. They claim the defects were caused when their mothers ingested drugs manufactured by the Defendant, Merrell Dow Pharmaceuticals, Inc. (Defendant), while they were pregnant. Synopsis of Rule of Law. To be admissible, expert scientific testimony that is derived from research done for the purpose of litigation must show that the conclusions were reached after ...

Hill v. Edmonds
Brief

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

Herskovits v. Group Health Cooperative of Puget Sound
Brief

View this case and other resources at: Citation. 99 Wn.2d 609, 664 P.2d 474, 1983 Wash. Brief Fact Summary. Due to the Defendant, Group Health Cooperative of Puget Sound's (Defendant), failure to promptly diagnose the decedent's lung cancer, the decedents chances of surviving went from 39% to 25%. The Plaintiff in this matter, Edith Herskovits (Plaintiff), is the decedent's estates personal representative. Synopsis of Rule of Law. Even if the total chances of survival are below 50%, a negligent Defendant is liable for the reduced chance of survival directly caused by the neg ...

Kramer Service, Inc. v. Wilkins
Brief

View this case and other resources at: Citation. 184 Miss. 483, 186 So. 625, 1939 Miss. Brief Fact Summary. The Plaintiff, Wilkins (Plaintiff), received a cut on his forehead due to the negligence of the Defendant, Kramer Service, Inc. (Defendant). The cut did not heal and developed into skin cancer. The Plaintiff seeks damages for the resultant cancer. Synopsis of Rule of Law. In cases where the causal link between negligence and injury is based on subject matter that is beyond the experience and observation of laypersons, expert testimony must be considered to determine wh ...

Wilder v. Eberhart
Brief

View this case and other resources at: Citation. 508 U.S. 930 113 S. Ct. 2396 124 L. Ed. 2d 297 1993 U.S. Brief Fact Summary. The Plaintiff, Wilder (Plaintiff), suffered esophageal tears during a stomach stapling procedure. Synopsis of Rule of Law. In a medical malpractice lawsuit a defendant can rebut the plaintiff's expert testimony with testimony that shows there are other possible causes of the plaintiff's injury. ...

Gentry v. Douglas Hereford Ranch, Inc
Brief

View this case and other resources at: Citation. 1998 MT 182, 290 Mont. 126, 962 P.2d 1205, 1998 Mont. Brief Fact Summary. The Plaintiff, John Gentry (Plaintiff), brought this action on behalf of his wife, who was shot in the head when a rifle accidentally went off when its owner slipped. The Defendants were the Douglas Hereford Ranch, Inc (Douglas Hereford Ranch) and Bacon (Bacon) an employee of the ranch (Defendants). Synopsis of Rule of Law. Causation requires proof of proximate cause and cause in fact for liability to attach. ...

Perkins v. Texas and New Orleans Railroad Co
Brief

View this case and other resources at: Citation. 243 La. 829, 147 So. 2d 646, 1962 La. Brief Fact Summary. The husband of the Plaintiff, Ms. Perkins (Plaintiff), was a passenger in a car when a train at a railway crossing struck the car. The Plaintiff's husband was killed. Synopsis of Rule of Law. The defendant's negligence must be a substantial factor in the cause of the harm for liability to attach. ...

Sullivan v. Crabtree
Brief

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

McDougald v. Perry
Brief

View this case and other resources at: Citation. 736 F.2d 992 Brief Fact Summary. The Plaintiff, McDougald (Plaintiff), was injured when the spare tire flew off of the Defendant, Perry's (Defendant) trailer and hit the Plaintiff's windshield. Synopsis of Rule of Law. Res Ipsa Loquitur applies to rare occurrences where the accident itself is evidence upon which to base an inference of negligence. ...

Larson v. St. Francis Hotel
Brief

View this case and other resources at: Citation. 83 Cal. App. 2d 210, 188 P.2d 513, 1948 Cal. App. Brief Fact Summary. The Plaintiff, Larson (Plaintiff), was injured when an armchair thrown from a window of the Defendant, St. Francis Hotel (Defendant), struck her. Synopsis of Rule of Law. Res Ipsa Loquitur does not apply unless the object that caused the accident is under the exclusive control of the defendant and under ordinary circumstances using ordinary care, the accident would not have happened. ...

Jasko v. F.W. Woolworth Co
Brief

View this case and other resources at: Citation. 177 Colo. 418, 494 P.2d 839, 1972 Colo. Brief Fact Summary. The Plaintiff, Jasko (Plaintiff), was injured when she slipped and fell on a slice of pizza in the Defendant, F.W. Woolworth Co.'s (Defendant), store. Synopsis of Rule of Law. When the defendant engages in a business that is prone to hazardous mishaps, then the nature of the business serves to put the business on notice of possible injuries. ...

Byrne v. Boadle
Brief

View this case and other resources at: Citation. 159 Eng.Rep. 299 (1893). Brief Fact Summary. The plaintiff was injured when a barrel of flour fell out of the defendant's shop window and knocked him down. Synopsis of Rule of Law. Res Ipsa Loquitur means the thing speaks for itself. The fact that some types of accidents occur, proves negligent cause with no more evidence needed. ...

Anjou v. Boston Elevated Railway Co
Brief

View this case and other resources at: Citation. 208 Mass. 273, 94 N.E. 386, 1911 Mass. Brief Fact Summary. The Plaintiff, Anjou (Plaintiff), slipped and fell on a banana peal left on the Defendant, Boston Elevated Railway Co.'s (Defendant), train platform. Synopsis of Rule of Law. Circumstantial evidence can be used to establish proof of negligence. ...

Martin v. Herzog
Brief

View this case and other resources at: Citation. 510 U.S. 1090 114 S. Ct. 919 127 L. Ed. 2d 213 1994 U.S. Brief Fact Summary. The plaintiff, Elizabeth Martin's (Plaintiff) husband William Martin, was driving a buggy after dark without using lights. He was killed when the Defendant, Herzog's (Defendant) car collided with the buggy. Synopsis of Rule of Law. If the plaintiff's negligence is a contributory cause of the injury, then he cannot recover for the negligence of the defendant. ...