CitationRush v. Commercial Realty Co., 7 N.J. Misc. 337 (Sup. Ct. Mar. 28, 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. ...
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Blackburn v. Dorta
CitationBlackburn v. Dorta, 348 So. 2d 287 (Fla. May 5, 1977) 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
CitationMcIntyre v. Balentine, 833 S.W.2d 52 (Tenn. May 4, 1992) 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 defendant. ...
Winterstein v. Wilcom
CitationWinterstein v. Wilcom, 16 Md. App. 130 (Md. Ct. Spec. App. Aug. 10, 1972) 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
Citation11 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 negligence. ...
Davies v. Mann
Citation152 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 improperly did not avoid the accident, he is liable. Thi ...
Murphy v. Martin Oil Co
CitationMurphy v. Martin Oil Co., 56 Ill. 2d 423, 308 N.E.2d 583, 1974 Ill. LEXIS 454 (Ill. 1974). 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 ...
Moragne v. States Marine Lines, Inc
CitationMoragne v. States Marine Lines, 398 U.S. 375, 90 S. Ct. 1772, 26 L. Ed. 2d 339, 1970 U.S. LEXIS 76 (U.S. June 15, 1970). 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 mariti ...
Selders v. Armentrout
CitationSelders v. Armentrout, 192 Neb. 291, 220 N.W.2d 222, 1974 Neb. LEXIS 693 (Neb. 1974). 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
CitationBmw of N. Am. v. Gore, 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d 809, 1996 U.S. LEXIS 3390, 64 U.S.L.W. 4335, 96 Cal. Daily Op. Service 3490, 96 Daily Journal DAR 5747, 9 Fla. L. Weekly Fed. S 585 (U.S. May 20, 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. Synop ...
Price v. Hartford Accident and Indemnity Co
CitationPrice v. Hartford Accident & Indem. Co., 108 Ariz. 485, 502 P.2d 522, 1972 Ariz. LEXIS 373 (Ariz. 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 pun ...
Zimmerman v. Ausland
CitationZimmerman v. Ausland, 266 Ore. 427, 513 P.2d 1167, 1973 Ore. LEXIS 373, 62 A.L.R.3d 1 (Or. 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 cu ...
Gryc v. Dayton-Hudson Corp
CitationGryc v. Dayton-Hudson Corp., 297 N.W.2d 727, 1980 Minn. LEXIS 1419, CCH Prod. Liab. Rep. P8688 (Minn. May 23, 1980) 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 ...
Richardson v. Chapman
CitationChapman v. N.Y. State Div. for Youth, 546 F.3d 230, 2008 U.S. App. LEXIS 21495, Copy. L. Rep. (CCH) P29,644, 2008-2 Trade Cas. (CCH) P76,337 (2d Cir. N.Y. Oct. 14, 2008) Brief Fact Summary. The Plaintiffs were the driver of a car, Keva Richardson (Richardson) and the passenger, Ann McGregor (McGregor)(Plaintiffs). The car was stuck by a semi-trailer driven by the Defendant, Chapman, an employee of Tandem/Carrier (Defendants). A directed verdict was entered on behalf of Plaintiffs in regard to liability. Defendants appeal the jury’s assessment of damages. Synopsis of Rule of La ...
Montgomery Ward & Co., Inc. v. Anderson
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 evid ...
Anderson v. Sears, Roebuck & Co
CitationState Farm Mut. Auto. Ins. Co. v. Campbell, 123 S. Ct. 1513, 538 U.S. 408, 155 L. Ed. 2d 585, 2003 U.S. LEXIS 2713, 71 U.S.L.W. 4282, 60 Fed. R. Evid. Serv. (Callaghan) 1349, 1 A.L.R. Fed. 2d 739, CCH Prod. Liab. Rep. P16,805, 2003 Cal. Daily Op. Service 2948, 2003 Daily Journal DAR 3783, 16 Fla. L. Weekly Fed. S 216 (U.S. Apr. 7, 2003) 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 remitti ...
Borders v. Roseberry
CitationBorders v. Roseberry, 216 Kan. 486, 532 P.2d 1366, 1975 Kan. LEXIS 355 (Kan. 1975). 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 pre ...
Rowland v. Christian
CitationRowland v. Christian, 69 Cal. 2d 108, 443 P.2d 561, 70 Cal. Rptr. 97, 1968 Cal. LEXIS 231, 32 A.L.R.3d 496 (Cal. 1968) 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 ...
Whelan v. Van Natta
CitationWhelan v. Van Natta, 382 S.W.2d 205, 1964 Ky. LEXIS 338 (Ky. 1964). 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
CitationWilk v. Georges, 267 Ore. 19, 514 P.2d 877, 1973 Ore. LEXIS 266 (Or. 1973) 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
CitationBarmore v. Elmore, 83 Ill. App. 3d 1056, 403 N.E.2d 1355, 1980 Ill. App. LEXIS 2826, 38 Ill. Dec. 751 (Ill. App. Ct. 2d Dist. 1980). 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. Synopsi ...
Campbell v. Weathers
CitationCampbell v. Weathers, 153 Kan. 316, 111 P.2d 72, 1941 Kan. LEXIS 132 (Kan. 1941) 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
Citation Brief Fact Summary. The Plaintiff, Mrs. Taylor (Plaintiff), was injured when her car collided with a tree that had fallen across the road. The tree had fallen from the property of the Defendant, Marion Olsen (Defendant). The trial court directed a verdict for Defendant. Synopsis of Rule of Law. The standard of care a landowner owes in relation to roadside trees is reasonable care to prevent an unreasonable risk of harm. ...
Endresz v. Friedberg
CitationEndresz v. Friedberg, 24 N.Y.2d 478, 248 N.E.2d 901, 301 N.Y.S.2d 65, 1969 N.Y. LEXIS 1367 (N.Y. 1969) 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
CitationProcanik v. Cillo, 97 N.J. 339, 478 A.2d 755, 1984 N.J. LEXIS 2703 (N.J. Aug. 1, 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 extraord ...