CitationDimmitt Chevrolet v. Southeastern Fid. Ins. Corp., 636 So. 2d 700, 1993 Fla. LEXIS 1128, 62 U.S.L.W. 2042, 37 ERC (BNA) 1006, 18 Fla. L. Weekly S 400 (Fla. July 1, 1993) Brief Fact Summary. Dimmitt Chevrolet, Inc. (Plaintiff) was responsible for damages resulting from oil, which leaked out of unlined bins. Plaintiff had an insurance policy that covers damage if it is “sudden and accidental.” Synopsis of Rule of Law. Dictionaries are helpful insofar as they set forth the ordinary, usual meaning of words. However, dictionaries are imperfect yardsticks of ambiguity. It is ...
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Crisci v. Security Insurance Co
CitationCrisci v. Security Ins. Co., 426 P.2d 173, 66 Cal. 2d 425, 58 Cal. Rptr. 13, 1967 Cal. LEXIS 313 (Cal. 1967) Brief Fact Summary. Mrs. Crisci’s (Plaintiff’s) sued her insurance company for failing to settle a case for the policy limit. Synopsis of Rule of Law. In determining whether an insurer has given consideration to the interests of the insured, the test is whether a prudent insurer without policy limits would have accepted the settlement offer. ...
Kemezy v. Peters
CitationKemezy v. Peters, 79 F.3d 33, 1996 U.S. App. LEXIS 3881 (7th Cir. Ind. Mar. 5, 1996) Brief Fact Summary. Kemezy (Plaintiff) sued Peters (Defendant), an Indiana policeman, claiming that Defendant had wantonly beat Plaintiff with his nightstick. The jury awarded Plaintiff punitive damages. Synopsis of Rule of Law. In punitive damage awards, Plaintiff is not required to present evidence of Defendant’s wealth. ...
State Farm Mutual Automobile Insurance Co. v. Campbell
Citation123 S. Ct. 1513 (2003). Brief Fact Summary. Curtis Campbell (Plaintiff) sued their insurance company, State Farm Mutual Automobile Insurance Co. (Defendant), for bad faith arising out of a settlement negotiation. Plaintiff was awarded $1 million in compensatory damages and $145 million in punitive damages. Synopsis of Rule of Law. Courts reviewing punitive damages consider three guideposts: (1) the degree of reprehensibility of the defendant’s misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) th ...
O’Shea v. Riverway Towing Co
CitationO’Shea v. Riverway Towing Co., 677 F.2d 1194, 1982 U.S. App. LEXIS 19756 (7th Cir. Ill. Apr. 27, 1982) Brief Fact Summary. O’Shea (Plaintiff) was injured when she fell getting off a boat operated by Defendant. Plaintiff was awarded money damages, which included a sum for inflation of lost future wages. Synopsis of Rule of Law. It is appropriate to take inflation into account when determining damages for lost future wages. ...
Duncan v. Kansas City Southern Railway
Citation Brief Fact Summary. Plaintiffs were severely injured and one was killed when their church van collided with a locomotive. The jury awarded Plaintiffs $27,876,813.31 in damages. Kansas City Southern Railway (Defendant) appealed, claiming the award to be excessive. Synopsis of Rule of Law. The inquiry into a claim of excessive damages is whether or not the trier of fact abused its discretion in assessing the amount of damages. Vast discretion is given to the jury and the appellate courts should rarely disturb an award of general damages. ...
Harding v. Town of Townshend
CitationHarding v. Townshend, 43 Vt. 536, 1871 Vt. LEXIS 47 (Vt. 1870) Brief Fact Summary. Plaintiff sued for injuries caused by defects in Town of Townshend’s (Defendant’s) highway. Synopsis of Rule of Law. Money received from insurance does not offset an award of money damages from the tortfeasor. ...
Zibbell v. Southern Pacific Co
CitationZibbell v. Southern Pacific Co., 116 P. 513, 160 Cal. 237, 1911 Cal. LEXIS 508 (Cal. 1911) Brief Fact Summary. There are no facts in the casebook. Synopsis of Rule of Law. Money awarded as damages to a party does not necessarily compensate for the physical injury suffered. ...
McDougald v. Garber
CitationMcDougald v. Garber, 73 N.Y.2d 246, 536 N.E.2d 372, 538 N.Y.S.2d 937, 1989 N.Y. LEXIS 202 (N.Y. Feb. 21, 1989) Brief Fact Summary. McDougald (Plaintiff) suffered severe brain damage and was left comatose as a result of Defendants’ negligence in a medical operation. Plaintiff sued Defendants for malpractice and received a jury award of $9,650,102.00. Defendants appeal the amount of the damage award. Liability is not at issue. Synopsis of Rule of Law. Awareness of one’s condition is a prerequisite for recovery of damages for loss of enjoyment of life and these damages are ...
Geier v. American Honda Motor Co
CitationGeier v. Am. Honda Motor Co., 529 U.S. 861, 120 S. Ct. 1913, 146 L. Ed. 2d 914, 2000 U.S. LEXIS 3425, 68 U.S.L.W. 4425, 2000 Cal. Daily Op. Service 5277, 2000 Daily Journal DAR 5277, CCH Prod. Liab. Rep. P15,795, 2000 Colo. J. C.A.R. 2826, 13 Fla. L. Weekly Fed. S 344 (U.S. May 22, 2000). Brief Fact Summary. Geier (Plaintiff) was injured in an auto accident. He claimed that his car had a defective design because it was not equipped with an airbag. He brought suit against Defendant, the manufacturer of the car. At issue is federal preemption. Synopsis of Rule of Law. The existence o ...
Sullivan v. Old Colony Street Railway
CitationSullivan v. Old C. S. R. Co., 200 Mass. 303, 86 N.E. 511, 1908 Mass. LEXIS 1052 (Mass. 1908) Brief Fact Summary. There are no facts in the casebook. Synopsis of Rule of Law. The principle behind awarding a party damages, is compensation, the equivalent in money for the actual loss caused by the wrong of another. ...
Hood v. Ryobi American Corp
CitationHood v. Ryobi Am. Corp., 181 F.3d 608, 1999 U.S. App. LEXIS 13768, CCH Prod. Liab. Rep. P15,556 (4th Cir. Md. June 23, 1999). Brief Fact Summary. Despite warnings from the manufacturer, Hood (Plaintiff) removed a guard on a miter saw. The blade flew off and Plaintiff was injured. Synopsis of Rule of Law. An adequate warning need not always explain in encyclopedic detail what will happen if a warning is not followed. ...
MacDonald v. Ortho Pharmaceutical Corp
CitationOrtho Pharmaceutical Corp. v. MacDonald, 1985 U.S. LEXIS 4108, 474 U.S. 920, 106 S. Ct. 250, 88 L. Ed. 2d 258, 54 U.S.L.W. 3271 (U.S. Oct. 21, 1985). Brief Fact Summary. MacDonald (Plaintiff) suffered a stroke after taking birth control pills manufactured by Ortho Pharmaceutical Corp. (Defendant). Plaintiff sued Defendant for products liability for their failure to warn. Synopsis of Rule of Law. The common law duty to warn necessitates a warning comprehensible to the average user, which conveys a fair indication of the nature and extent of the danger to the mind of a reasonably pru ...
Vassallo v. Baxter Healthcare Corp
CitationVassallo v. Baxter Healthcare Corp., 428 Mass. 1, 696 N.E.2d 909, 1998 Mass. LEXIS 354, CCH Prod. Liab. Rep. P15,305 (Mass. July 16, 1998). Brief Fact Summary. Vassallo (Plaintiff) underwent breast implantation surgery in 1977. In 1992, it was discovered that the silicone had leaked or ruptured. Synopsis of Rule of Law. A manufacturer will not be held liable under an implied warranty of merchantability for failure to warn or provide instructions about risks that were not reasonably foreseeable at the time of sale or could not have been discovered by way of reasonable testing prior ...
Potter v. Chicago Pneumatic Tool Co
CitationPotter v. Chicago Pneumatic Tool Co., 694 A.2d 1319, 241 Conn. 199, 1997 Conn. LEXIS 158, CCH Prod. Liab. Rep. P14,967 (Conn. May 27, 1997) Brief Fact Summary. Plaintiffs sued Chicago Pneumatic Tool Co. (Defendant) for products liability. They claimed that the use of Defendant’s tools caused them permanent vascular and neurological impairments. Synopsis of Rule of Law. In order to prevail for a design defect, a plaintiff must prove that the product is unreasonably dangerous under the consumer expectation standard. ...
Halliday v. Sturn, Ruger & Co
CitationHalliday v. Sturm, Ruger & Co., 792 A.2d 1145, 368 Md. 186, 2002 Md. LEXIS 93, CCH Prod. Liab. Rep. P16,285 (Md. Mar. 6, 2002) Brief Fact Summary. Plaintiff’s son, Jordan Garris, was killed by a handgun, which was manufactured by Sturn, Ruger & Co. (Defendant). Plaintiff sued Defendant for products liability. Synopsis of Rule of Law. Generally, gun makers are only liable when their products malfunction. However, there is a limited category of handguns, which clearly are not sanctioned as a matter of public policy. ...
Barker v. Lull Engineering Co
CitationBarker v. Lull Engineering Co., 573 P.2d 443, 20 Cal. 3d 413, 143 Cal. Rptr. 225, 1978 Cal. LEXIS 176, 96 A.L.R.3d 1 (Cal. 1978) Brief Fact Summary. Barker (Plaintiff) was injured at a construction site while operating a high-lift loader manufactured by Lull Engineering Co. (Defendant). Plaintiff claimed that his injuries were proximately caused by the defective design of the loader. Synopsis of Rule of Law. A product is defective in design if either: (1) the product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseea ...
Linegar v. Armour of America
CitationLinegar v. Armour of America, Inc., 909 F.2d 1150, 1990 U.S. App. LEXIS 12510, CCH Prod. Liab. Rep. P12,549 (8th Cir. Mo. July 26, 1990). Brief Fact Summary. Linegar was shot and killed while wearing a bulletproof vest manufactured by Armour of America (Defendant). The bullets shot from the gun, struck Plaintiff in parts of the body not covered by the vest. Synopsis of Rule of Law. The article sold must be dangerous to an extent beyond that, which would be contemplated by the ordinary consumer who purchases it, and who has the ordinary knowledge common of the community as to its ch ...
Campo v. Scofield
CitationCampo v. Scofield, 301 N.Y. 468, 95 N.E.2d 802, 1950 N.Y. LEXIS 781 (N.Y. 1950) Brief Fact Summary. No facts given. Synopsis of Rule of Law. Under products liability a manufacturer is not responsible for obvious and known dangers of products. ...
Volkswagen of America, Inc. v. Young
CitationVolkswagen of America, Inc. v. Young, 272 Md. 201, 321 A.2d 737, 1974 Md. LEXIS 774 (Md. 1974) Brief Fact Summary. Young (Plaintiff) was killed in an automobile manufactured by Volkswagen of America, Inc., (Defendant) because of a negligent driver who rear-ended him. There was a defect in a safety device that attributed to Plaintiff’s death. Synopsis of Rule of Law. One injured in an automobile accident has an action against the vehicle’s manufacturer if his injuries were the result of the manufacturer’s negligent defective design of the automobile. ...
Cafazzo v. Central Medical Health Services, Inc
CitationCafazzo v. Central Medical Health Servs., 542 Pa. 526, 668 A.2d 521, 1995 Pa. LEXIS 1213, CCH Prod. Liab. Rep. P14,440 (Pa. Nov. 28, 1995). Brief Fact Summary. Cafazzo (Plaintiff) sued Defendants for products liability for an implanted medical device that failed six years after his surgery. Synopsis of Rule of Law. A hospital and surgeon cannot be considered sellers of products, which they install and use in surgery for purposes of strict product liability. ...
Speller v. Sears, Roebuck & Co
CitationSpeller v. Sears, Roebuck & Co., 100 N.Y.2d 38, 790 N.E.2d 252, 760 N.Y.S.2d 79, 2003 N.Y. LEXIS 970, CCH Prod. Liab. Rep. P16,609 (N.Y. May 6, 2003). Brief Fact Summary. Sara Speller (Speller) was killed in a house fire, which started in the kitchen. Plaintiff sued Sears, Roebuck & Co. (Defendant) for products liability and sought to prove her claim with circumstantial evidence. Synopsis of Rule of Law. In order to proceed in the absence of evidence, identifying a specific flaw, a plaintiff must prove that the product did not perform as intended, and must exclude all other ...
Escola v. Coca Cola Bottling Co. of Fresno
CitationEscola v. Coca Cola Bottling Co., 150 P.2d 436, 24 Cal. 2d 453, 1944 Cal. LEXIS 248 (Cal. 1944) Brief Fact Summary. A bottle of Coke manufactured by Coca Cola Bottling Co. of Fresno (Defendant) exploded in Escola’s (Plaintiff’s) hand. Absolute liability was imposed on Defendant. Synopsis of Rule of Law. A manufacturer incurs absolute liability when an article that he has placed on the market, knowing that it is to be used without inspection, proves to have a defect that causes injury to humans. ...
Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc
CitationCasa Clara Condominium Ass’n v. Charley Toppino & Sons, 620 So. 2d 1244, 1993 Fla. LEXIS 1060, CCH Prod. Liab. Rep. P13,552, 18 Fla. L. Weekly S 357 (Fla. June 24, 1993). Brief Fact Summary. Casa Clara (Plaintiff) installed defective concrete, which was manufactured by Charley Toppino & Sons (Defendant). Plaintiff suffered only economic loss, but sought to recover in tort. Synopsis of Rule of Law. For recovery in tort, there must be a showing of harm above and beyond disappointed expectations. ...
Winterbottom v. Wright
Citation152 ER 402, Volume 152 Brief Fact Summary. Winterbottom (Plaintiff) was hurt when a coach broke down and threw him to the ground. Plaintiff sued Wright (Defendant), who maintained the coaches for Plaintiff’s employer. Synopsis of Rule of Law. There must be privity between parties to an action in order for that action to be maintained. ...