CitationOtero v. Jordon Restaurant Enters., 1995 N.M. LEXIS 223 (N.M. June 19, 1995) Brief Fact Summary. The District Court of Bernalillo County (New Mexico) granted pre-trial partial summary judgment to Plaintiff in his action for injuries sustained on the premises of a restaurant and refused to give certain comparative negligence instructions to the jury. Jordan Restaurant Enterprises (Defendant) appealed the rulings. Synopsis of Rule of Law. A premises owner who entrusts to an independent contractor construction, repair, or other work on the land, or on a building or other struc ...
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Weaver v. Ward
CitationWeaver v. Ward, 18 Fed. Appx. 697, 2001 U.S. App. LEXIS 19325, 2001 Colo. J. C.A.R. 4393 (10th Cir. Okla. Aug. 29, 2001) Brief Fact Summary. In an action for trespass, Weaver sued Ward for assault and battery, the result of injuries sustained during a military exercise. The court found for the plaintiff. Synopsis of Rule of Law. Tortfeasors cannot invoke mental capacity as a defense. ...
Kastner v. Toombs
CitationKastner v. Toombs, 611 P.2d 62 (Alaska 1980). Brief Fact Summary. Plaintiff, an injured pipe layer, sued Defendant, a backhoe company, in the Superior Court of Alaska, alleging vicarious liability for its operator’s negligence. The trial court granted the company’s summary judgment motion on the ground that its operator was a borrowed servant working for the Plaintiff’s employer at the time of the accident. Plaintiff challenged this decision. Synopsis of Rule of Law. The borrowed servant rule carves out an exception to the doctrine of respondeat superior. Under t ...
District of Columbia v. Hampton
CitationDistrict of Columbia v. Hampton, 666 A.2d 30 (D.C. Sept. 29, 1995). Brief Fact Summary. The District of Columbia Department of Human Services (DHS) removed a child from her mother, because she was not providing proper care. When placed in a foster home, the child was beat to death. Synopsis of Rule of Law. To prevail on a respondeat superior theory of liability, the plaintiff must show that a principal-agent relationship existed and that the agent’s negligent act occurred within the scope of the relationship. Under the most recent case law, foster parents are not deemed to b ...
O’Banner v. McDonald’s Corp
CitationO’Banner v. McDonald’s Corp., 173 Ill. 2d 208 (Ill. May 31, 1996) Brief Fact Summary. The appellate court (Illinois) reversed a grant of summary judgment in favor of the McDonald’s Corp. (Defendant) in O’Banner’s (Plaintiff’s) personal injury action to recover damages when he allegedly suffered during a slip and fall in the bathroom of a McDonald’s restaurant. Defendant challenged the decision Synopsis of Rule of Law. Apparent agency, also known as apparent authority, is a long-recognized doctrine (based on principles of estoppel) that hold ...
Edgewater Motels, Inc. v. Gatzke
CitationEdgewater Motels, Inc. v. Gatzke, 277 N.W.2d 11 (Minn. 1979) Brief Fact Summary. The District Court, St. Louis County (Minnesota) found for Defendants, notwithstanding a jury verdict that its employee negligently caused a fire in the motel while he was in the scope of his employment. Synopsis of Rule of Law. The smoking of a cigarette, if done while engaged in the business of the employer, is within an employee’s scope of employment because it is a minor deviation from the employee’s work-related activities, and, thus, merely an act done incidental to general employment ...
Lisa M. v. Henry Mayo Newhall Memorial Hospital
CitationLisa M. v. Henry Mayo Newhall Memorial Hospital, 12 Cal. 4th 291 (Cal. Dec. 26, 1995) Brief Fact Summary. The trial court granted summary judgment in favor of Defendant in an action brought by Plaintiff after an ultrasound technician employed by Henry Mayo Newhall Memorial Hospital (Defendant) sexually molested her. The Court of Appeals of California reversed, and Defendant appealed. Synopsis of Rule of Law. The rule of respondeat superior is applied when an employer is vicariously liable for the torts of its employees committed within the scope of the employment. An employee’ ...
Smith v. Whitaker
CitationSmith v. Whitaker, 160 N.J. 221, 734 A.2d 243, 1999 N.J. LEXIS 841 (N.J. July 20, 1999) Brief Fact Summary. In connection with a wrongful death action, Appellant sought review of a punitive damages award, on the issue of availability of such damages under the Survivor’s Act (Act), seeking certification on the question of whether evidence of Plaintiff’s conscious pain and suffering is necessary to sustain cause of action under Act. Synopsis of Rule of Law. Damages under a wrongful death claim are expressly limited to the pecuniary injuries resulting from such death, toge ...
Hinman v. Westinghouse Electric Co
CitationHinman v. Westinghouse Elec. Co., 2 Cal. 3d 956 (Cal. July 30, 1970) Brief Fact Summary. Superior Court of Los Angeles County (California) entered a judgment in favor of Westinghouse Electric Co. (Defendant) after a jury verdict and from an order denying Motions for Judgments Notwithstanding the Verdict in negligence action. Hinman (Plaintiff), who was a victim of an auto injury, and intervenor, the City of Los Angeles, appealed the judgment Synopsis of Rule of Law. The losses caused by the torts of employees, occurring in the conduct of the employer’s enterprise, are placed ...
Potter v. Firestone Tire & Rubber Co
CitationFirestone Synthetic Rubber & Latex Co., etc. v. Potter, 400 F.2d 897 (5th Cir. Tex. Sept. 30, 1968) Brief Fact Summary. The Court of Appeals of California affirmed the trial court’s award in favor of respondent residents on their claims for negligent and intentional infliction of emotional distress. Plaintiffs brought actions for negligent and intentional infliction of emotional distress, and were awarded damages. The Firestone Tire & Rubber Co. (Defendant) appealed. Synopsis of Rule of Law. In ordinary negligence actions for physical injury, recovery for emotional di ...
Hartwig v. Oregon Trail Eye Clinic
CitationHartwig v. Oregon Trail Eye Clinic, 254 Neb. 777 (Neb. June 19, 1998) Brief Fact Summary. Appellant was awarded only minimal damages after the trial court granted Oregon Trail Eye Clinic’s (Appellee’s) Motion in Limine pertaining to deposition testimony. The District Court for Scotts Bluff County (Nebraska) denied her Motion for a New Trial after she was prevented from presenting evidence regarding her mental anguish. Synopsis of Rule of Law. A plaintiff may adduce proof and potentially recover damages for the mental anguish of reasonably fearing acquired immunodeficien ...
Greco v. United States
CitationGreco v. United States, 2000 U.S. LEXIS 8037, 531 U.S. 1027, 121 S. Ct. 600, 148 L. Ed. 2d 513, 69 U.S.L.W. 3364 (U.S. Nov. 27, 2000) Brief Fact Summary. The United States District Court for the District of Maryland submitted to the Supreme Court of Nevada a certification order requesting the court to answer certain questions related to the negligently caused unwanted birth of a child, who suffered birth defects. Synopsis of Rule of Law. Medical malpractice, like other forms of negligence, involves a breach of duty which causes injury. To be tortiously liable a physician must have ...
Boucher v. Dixie Medical Center
CitationBoucher v. Dixie Medical Ctr., 850 P.2d 1179 (Utah Aug. 21, 1992) Brief Fact Summary. The Fifth District Court, Washington County (Utah) dismissed claims against Defendant doctors for negligent infliction of emotional distress and loss of filial consortium in relation to injuries sustained by Mr. and Ms. Bouchers’ son (Plaintiffs), Daniel Boucher, following surgery. Plaintiffs appealed. Synopsis of Rule of Law. Plaintiffs, who suffered emotional distress because of another’s negligence, though they do not suffer any physical impact, may recover damages only if they are p ...
Sacco v. High Country Independent Press
CitationSacco v. High Country Indep. Press, 896 P.2d 411, 1995 Mont. LEXIS 95, 271 Mont. 209, 52 Mont. St. Rep. 407, 10 I.E.R. Cas. (BNA) 1041 (Mont. May 19, 1995) Brief Fact Summary. The District Court of the Eighteenth Judicial District, in and for the County of Gallatin (Montana) granted summary judgment to Defendants, the employer and officers, on claims pursuant to 42 U.S.C.S. Section: 1983 and negligent emotional distress against the officers, and on a defamation claim against the employer. Synopsis of Rule of Law. Government officials performing discretionary functions are shielded ...
GTE Southwest, Inc. v. Bruce
CitationGte Southwest v. Bruce, 998 S.W.2d 605 (Tex. July 1, 1999). Brief Fact Summary. The Court of Appeals for the Sixth District of Texas affirmed a trial court’s judgment on a jury verdict for Plaintiffs in an action for intentional infliction of emotional distress. Defendant appealed. Synopsis of Rule of Law. To recover damages for intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant acted intentionally or recklessly; (2) the conduct was extreme and outrageous; (3) the actions of the defendant caused the plaintiff emotional distress; and ...
Homer v. Long
CitationHomer v. Long, 90 Md. App. 1, 599 A.2d 1193, 1992 Md. App. LEXIS 10 (Md. Ct. Spec. App. Jan. 6, 1992) Brief Fact Summary. The Circuit Court for Howard County (Maryland) dismissed the tort claims brought by Plaintiff alleging breach of contract and tort claims, including negligence and intentional infliction of emotional distress, resulting from a sexual relationship. Synopsis of Rule of Law. One cannot sue to recover for injuries arising from “defilement of the marriage bed” or from an interference with the marriage by simply casting the defendant’s conduct as a b ...
Tarasoff v. Regents of University of California
CitationTarasoff v. Regents of University of California, 17 Cal. 3d 425 (Cal. 1976) Brief Fact Summary. Tatiana Tarasoff’s parents (Plaintiffs) asserted that the four psychiatrists at Cowell Memorial Hospital of the University of California had a duty to warn them or their daughter of threats made by their patient, Prosenjit Poddar. The Superior Court of Alameda County (California) dismissed Plaintiffs’ action (sustaining a demurrer to Defendant’s second amended complaint) for failure to state a valid claim against the therapists, police, and the Regents of University of C ...
Brigance v. Velvet Dove Restaurant, Inc
CitationBrigance v. Velvet Dove Rest., Inc., 1986 OK 41 (Okla. July 8, 1986) Brief Fact Summary. In a negligence action, Plaintiffs seek damages against Velvet Dove Restaurant, Inc. (Defendant) alleging that Defendant served alcohol to clearly intoxicated persons. The District Court of Oklahoma County (Oklahoma) dismissed the complaint for failure to state a claim upon which relief could be granted Plaintiffs. Plaintiffs appealed. Synopsis of Rule of Law. One who sells intoxicating beverages for on the premises consumption has a duty to exercise reasonable care not to sell liquor to a not ...
Snyder v. American Association of Blood Banks
CitationSnyder v. Am. Ass’n of Blood Banks, 144 N.J. 269 (N.J. June 4, 1996) Brief Fact Summary. The Superior Court, Appellate Division (New Jersey) affirmed judgment of the trial court when a jury found the American Association of Blood Banks (AABB) negligent. Specifically, the jury found AABB thirty percent liable for damages to Mr. and Mrs. Snyder (Plaintiffs). Mr. Snyder received AIDS tainted blood by transfusion. AABB appealed. Synopsis of Rule of Law. Public entity is defined to include the state, and any county, municipality, district, public authority, public agency, and any ...
Posecai v. Wal-Mart Stores
CitationPosecai v. Wal-Mart Stores, 752 So. 2d 762, 1999 La. LEXIS 3243, 99-1222 (La. 11/30/99); (La. Nov. 30, 1999) Brief Fact Summary. The Supreme Court of Louisiana granted Defendant’s application for a writ of certiorari, to review Fifth Circuit, Jefferson Parish, Court of Appeals’ decision, which found Defendant liable for Plaintiff’s injuries. Synopsis of Rule of Law. Under the duty-risk analysis, the plaintiff must prove that the conduct in question was the cause-in-fact of the resulting harm, i.e., that the defendant owed a duty of care to the plaintiff, the requi ...
Marquay v. Eno
CitationMarquay v. Eno, 139 N.H. 708 (N.H. July 11, 1995) Brief Fact Summary. In connection with a suit by female students (Plaintiffs), against school district, officials, teachers, coaches, and employees (Defendants), arising out of allegations of exploitation, harassment, assault, and sexual abuse, the United States District Court for the District of New Hampshire certified state law questions. Synopsis of Rule of Law. The relation of the parties determines whether any duty to use due care is imposed by law upon one party for the benefit of another. If there is no relationship, there is ...
H. R. Moch Co. v. Rensselaer Water Co
CitationH. R. Moch Co. v. Rensselaer Water Co., 247 N.Y. 160 (N.Y. 1928). Brief Fact Summary. The Appellate Division of the Supreme Court in the Third Judicial Department (New York) ruled in favor of Rensselaer Water Co., (Defendant) when H.R. Moch Co., (Plaintiff) in a negligence action, contended that defendant failed to provide enough water during a city fire. Plaintiff appealed. Synopsis of Rule of Law. A member of the public may not maintain an action against one contracting with the city to furnish water at the hydrants, unless there is an intention that the defendant is to be answe ...
Florence v. Goldberg
CitationFlorence v. Goldberg, 44 N.Y.2d 189, 375 N.E.2d 763, 404 N.Y.S.2d 583, 1978 N.Y. LEXIS 1862 (N.Y. 1978) Brief Fact Summary. Carol Florence (Plaintiff) brought an action to recover damages for personal injuries suffered by her infant son, who was struck by a taxicab operated by Goldberg (Defendant). Plaintiff recovered against Goldberg and the city. The latter appealed. The Appellate Division of the Supreme Court in the Second Judicial Department reversed the judgment of the Supreme Court. Plaintiff challenged the decision. Synopsis of Rule of Law. To sustain liability against a mun ...
DeShaney v. Winnebago County
CitationDeshaney v. Winnebago County Dep’t of Social Services, 489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. 2d 249, 1989 U.S. LEXIS 1039, 57 U.S.L.W. 4218 (U.S. Feb. 22, 1989) Brief Fact Summary. The mother of an abused child, Ms. DeShaney (Petitioner) brought an action pursuant to 42 U.S.C.S. Section: 1983 against Winnebago County Department of Social Services (Department) and its various employees, (Respondents) for failing to intervene to protect the child from beatings by his father. The United States Court of Appeals for the Seventh Circuit affirmed the trial court’s order granti ...
Thorne v. Deas
CitationTHORNE v. DEAS, 4 Johns. 84 (N.Y. Sup. Ct. Feb. 1, 1809) Brief Fact Summary. Plaintiffs filed an action for nonfeasance. Judgment was granted to the Plaintiffs. Defendant appealed. Synopsis of Rule of Law. One who takes on a responsibility gratuitously is not responsible for consequences if he fails to act; he is only responsible when he attempts to act and performs incorrectly. ...