Citation538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 Brief Fact Summary. After a car collision, plaintiff’s insurance company advised plaintiff to reject a settlement offer and proceed to trial. The misguided advice to proceed to trial resulted in the jury rendering a judgment against plaintiff (who was the defendant in the first trial). The insurance company initially refused to cover the the damages awarded in excess of plaintiff’s policy limit, but the company eventually paid the entire judgment. Plaintiff still sued defendant, his insurance company, for bad faith, ...
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Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.
Citation472 U.S. 749, 105 S. Ct. 2939, 86 L.E.2d 593 Brief Fact Summary. Defendant distributed a false credit report indicating that plaintiff’s company was declaring bankruptcy. Plaintiff sued defendant for defamation. Synopsis of Rule of Law. In a defamation suit, a plaintiff may recover presumed and punitive damages in defamation cases in the absence of a showing of actual malice. ...
Smith v. Providence Health & Services
Citation361 Or. 456, 393 P.3d 1106 Brief Fact Summary. Plaintiff suffered permanent brain damage resulting from a stroke. He sued defendant-doctors, who allegedly failed to follow up on his stroke symptoms and thereby caused him to lose a 33-percent chance of recovering from the stroke. Synopsis of Rule of Law. Under Oregon law, a loss of a substantial chance of a better medical outcome is a cognizable injury in a claim of medical malpractice. ...
Prentis v. Yale Mfg. Co.
Citation421 Mich. 670, 365 N.W.2d 176 Brief Fact Summary. Plaintiff was injured in an accident involving the operation of a hand-operated forklift that was manufactured by defendant. Plaintiff brought a products liability suit, alleging that the forklift contained a design defect. Synopsis of Rule of Law. In a products liability suit against a manufacturer that is based on defective design, the jury need only be instructed on a single unified theory of negligent design. ...
Commonwealth v. Peterson
Citation286 Va. 349, 749 S.E.2d 307 Brief Fact Summary. After the 2007 mass shooting at Virginia Polytechnic Institute and State University (“Virginia Tech”), the estates of two victims filed wrongful death suits against the Commonwealth. The administrators of the estates alleged that the Commonwealth had a special relationship with its Virginia Tech students, which created an obligation for the Commonwealth to warn students of the threat of a dangerous shooter on campus. Synopsis of Rule of Law. A duty to warn or protect someone from the criminal acts o ...
Purtle v. Shelton
Citation474 S.W.2d 123 (Ark. 1971) Brief Fact Summary. Shelton (Defendant) accidentally shot Purtle (Plaintiff) while hunting with a high powered rifle. Plaintiff sued for negligence. The trial court instructed the jury to find Defendant guilty only if he failed to use the standard of care expected of a reasonable minor of his age and intelligence. Synopsis of Rule of Law. To hold a minor to an adult standard of care, the activity they are engaged in must be (1) dangerous to others and (2) normally only done by adults. ...
Ploof v. Putnam
Citation81 Vt. 471, 71 A. 188 (1908) Brief Fact Summary. Ploof (Plaintiff) attached his boat to Putnam’s (Defendant) dock during a storm to protect his family. Defendant’s servant unhooked the boat, destroying it and causing injuries to Plaintiff’s family. Plaintiff sued Defendant for trespass and negligence. Synopsis of Rule of Law. When something out of one’s control causes one to enter upon another person’s land, one cannot be held liable for trespass. ...
Ybarra v. Spangard
Citation154 P.2d 687 (Cal. 1944) Brief Fact Summary. Ybarra (Plaintiff) was injured during the removal of his appendix by Spangard (Defendant) and other doctors and nurses. Because Plaintiff was unconscious during the surgery, he did not have evidence of which medical professional may have caused the injury. Synopsis of Rule of Law. Res ipsa loquitur may still be used as a theory of negligence in cases with multiple defendants, any of whom may have caused the injury. ...
United States v. Hatahley
Citation257 F.2d 920 (10th Cir. 1958) Brief Fact Summary. Hatahley (Plaintiff) sued the United States (Defendant) to recover damages related to Defendant’s wrongful seizure of Plaintiff’s horses and donkeys. Synopsis of Rule of Law. Damages calculations cannot be arbitrary and must have a basis in discernable values. ...
The T.J. Hooper
Citation60 F.2d 737 (2d Cir. 1932) Brief Fact Summary. Tugboats, including the T.J. Hooper (Defendants), towed coal barges (Plaintiffs) into a storm where the barges were lost. Like most other tugboats, the Defendants did not have working radios aboard to receive weather forecasts. Synopsis of Rule of Law. Even if taking a certain precaution isn’t an industry custom, defendants can still be found unseaworthy for failing to take it. ...
Sindell v. Abbott Laboratories
Citation607 P.2d 924 (Cal. 1980) Brief Fact Summary. Sindell (Plaintiff) developed cancer from a drug her mother took during pregnancy that had been manufactured by Abbott Laboratories (Defendant) and 10 others. Synopsis of Rule of Law. When a plaintiff cannot determine the business that is the source of their injury, each business who manufactured the injurious item during the time in question may be held liable for a percentage of the damages equal to their share of the market. ...
Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. [The Wagon Mound (No. 1)]
Citation. [1961] A.C. 388 (Privy Council) Brief Fact Summary. Morts Dock & Engineering Co. (Plaintiff) sued Overseas Tankship (Defendant), owner of the Wagon Mound, for a fire that started in oil that leaked from the Wagon Mound. Synopsis of Rule of Law. One can only be held liable for results the reasonable person could have foreseen. ...
Murphy v. Hobbs
Citation5 P. 119 (Colo. 1884) Brief Fact Summary. Hobbs (Plaintiff) sued Murphy (Defendant) to recover damages and the jury instructions allowed for punitive damages. Synopsis of Rule of Law. Punitive damages may not be recovered in cases where a defendant may also be criminally prosecuted. ...
Mohr v. Williams
Citation104 N.W. 818 (Minn. 1906) Brief Fact Summary. Mohr (Plaintiff) consented to an operation by Williams (Defendant) on her right ear. During the surgery, Defendant realized that surgery was not needed for the right ear but was needed for the left. He operated on the left ear without explicit consent. Synopsis of Rule of Law. Consent is required before a surgery. Consent can be implied in some emergency situations, but there must be some reasonable expectation of immediate harm if action is not taken. ...
Ybarra v. Spangard
Citation154 P.2d 687 (Cal. 1944) Brief Fact Summary. Ybarra (Plaintiff) was injured during the removal of his appendix by Spangard (Defendant) and other doctors and nurses. Because Plaintiff was unconscious during the surgery, he did not have evidence of which medical professional may have caused the injury. Synopsis of Rule of Law. Res ipsa loquitur may still be used as a theory of negligence in cases with multiple defendants, any of whom may have caused the injury. ...
United States v. Hatahley
Citation257 F.2d 920 (10th Cir. 1958) Brief Fact Summary. Hatahley (Plaintiff) sued the United States (Defendant) to recover damages related to Defendant’s wrongful seizure of Plaintiff’s horses and donkeys. Synopsis of Rule of Law. Damages calculations cannot be arbitrary and must have a basis in discernable values. ...
MacPherson v. Buick Motor Co.
Citation111 N.E. 1050 (N.Y. 1916) Brief Fact Summary. MacPherson (Plaintiff) sued Buick Motor Co. (Defendant) for negligence when the car Defendant manufactured broke and injured Plaintiff. Synopsis of Rule of Law. A manufacturer has a duty of care to third party purchasers when the manufacturer knows the thing of danger it manufactures will be used by someone other than the initial purchaser without further testing. ...
Kemezy v. Peters
Citation79 F.3d 33 (7th Cir. 1996) Brief Fact Summary. Kemezy (Plaintiff) sued Peters (Defendant) for punitive damages for beating Plaintiff with a nightstick while working security at a bowling alley. Synopsis of Rule of Law. Plaintiffs do not have the burden of introducing evidence of the defendant’s net worth in order to seek punitive damages. ...
Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.
Citation916 F.2d 1174 (7th Cir. 1990) Brief Fact Summary. Indiana Harbor Belt Railroad Co. (Plaintiff) sued American Cyanamid Co. (Defendant) for the cost of decontaminating its railroad switching line when Defendant’s dangerous chemical, acrylonitrile, leaked. Synopsis of Rule of Law. A strict liability standard is not applicable to cases where the relevant activity is not abnormally dangerous, even if the underlying substance is. ...
Escola v. Coca Cola Bottling Co.
Citation150 P.2d 436 (Cal. 1944) Brief Fact Summary. Escola (Plaintiff) was injured when a bottle filled by Coca Cola Bottling Co. (Defendant) broke in her hand. Synopsis of Rule of Law. Manufacturers are responsible for all defects in their products regardless of which part of the process results in them. ...
Air & Liquid Systems Corp. v. DeVries
Citation139 S. Ct. 986 (2019) Brief Fact Summary. The defendant manufactured parts for Navy ships using asbestos. Two Navy veterans were exposed to the asbestos on the ships and later died of cancer. Synopsis of Rule of Law. In maritime cases involving dangerous parts in a manufactured product, a manufacturer has a duty to warn when its product requires the incorporation of a part that the manufacturer knows would cause the integrated product to be be dangerous for its intended uses, and the manufacturer has no reason to believe that the user is aware of the ...
Southern California Gas Co. v. Superior Court of Los Angeles County
Citation441 P.3d 881 (Cal. 2019) Brief Fact Summary. The defendant gas company caused a gas leak that affected a residential neighborhood in Los Angeles. The plaintiffs, a class of businesses in the area, suffered no physical harm, but they lost a substantial amount of business and money due to the effects of the gas leak. Synopsis of Rule of Law. In cases of pure economic loss where no other physical injury has occurred, plaintiffs generally cannot recover. ...
Saleem v. Corporate Transportation Group, Ltd.
Citation854 F.3d 131 (2d Cir. 2017) Brief Fact Summary. Plaintiffs are drivers and franchisees of black-car services owned and franchised out by the defendants. Plaintiffs have a good deal of autonomy over their work in nearly every aspect. Plaintiffs are asserting that defendants owe them unpaid overtime. Synopsis of Rule of Law. Determining whether an individual is an employee or an independent contractor requires analyzing the economic realities of the work situation. A high degree of autonomy indicates that one is an independent contractor. ...
In re Polemis & Furness, Withy & Co.
Citation. [1921] 3 K.B. 560 Brief Fact Summary. The defendants leased a ship from the plaintiff to carry cargo, including a flammable liquid called benzine. While in transit, a plank fell onto the cases of benzine, igniting them and causing an explosion that destroyed the whole ship. Synopsis of Rule of Law. The unforeseeability of the consequences of a negligent act do not absolve the negligent actor of liability. ...
Herskovits v. Group Health Cooperative
Citation664 P.2d 474 (Wash. 1983) Brief Fact Summary. The defendant negligently failed to diagnose the plaintiff’s cancer when the plaintiff first visited the hospital, leading to a 14% decline in the plaintiff’s chance of surviving the cancer. The plaintiff had less than a 50% of surviving the cancer to begin with. Synopsis of Rule of Law. When an actor’s negligence causes a decrease in the likelihood of a plaintiff’s survival, the plaintiff can recover for damages caused directly by premature death. ...