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Citation. Court of Appeals of New York, 1968. 22 N.Y.2d 579, 240 N.E.2d 860, 293 N.Y.S.2d 897.) Brief Fact Summary. Plaintiff Lisa Riss called the police on her ex-partner, who was terrorizing her. Defendant, the New York Police Department, did not act upon her first or second call for help. Later the Plaintiff’s ex-partner hired someone to throw lye on the Plaintiff causing severe damages. Plaintiff brings suit against the municipality of New York for damages.   ...

Citation552 U.S. 312, 128 S. Ct. 999, 169 L.Ed.2d 892 (2008) Brief Fact Summary. The MDA was enacted in response to faulty medical devices that caused thousands of tort claims, preempting state regulation over medical devices. During his heart attack surgery, Riegel underwent an emergency coronary bypass surgery due to an improperly used Medtronic catheter. He sued Medtronic for design, labeling, and manufacturing defects.   Synopsis of Rule of Law. State requirements are preempted to the extent that they are “different from, or in addition to” requi ...

Citation. Supreme Court of the United States, 1934. 292 U.S. 98, 54S. Ct. 580, 78 L.Ed. 1149. Brief Fact Summary. The Plaintiff(Pokora) was driving his truck across four railroad tracks owned by the defendant(Wabash Railway Co.). The plaintiff was struck by a train coming on the main tracks after passing two switch tracks with boxcars. Plaintiff brings suit of negligence against the defendant.   Synopsis of Rule of Law. A person is not required when approaching a railroad track to get out and look to see if a train is coming if it is not safe and normal to do so.   ...

Citation654 A.2d 690 (R.I. 1995) Brief Fact Summary. Picard did not believe dealer Barry representatives that her mother’s car needed new brakes, so she and Barry representatives went to a repair shop to reinspect the brakes. When Picard took a picture of a Barry representative inspecting the car, the representative allegedly lunged at Picard, causing allegedly permanent back damage to Picard. The Barry representative alleged that he merely pointed a finger at her and touched the lens of her camera.   Synopsis of Rule of Law. An assault is a physical act o ...

Citation82 N.Y.2d 445, 626 N.E.2d 24, 605 N.Y.S.2d 208 (N.Y. 1993) Brief Fact Summary. Pavia was a passenger injured in a car accident. Pavia rejected a settlement offer from State Farm (insurer of the vehicle) given two and a half years after the accident as “too late” after State Farm finished weighing possible defenses in its assessment of the accident. The jury found for Pavia, at which time Pavia and the individual insured under the State Farm policy jointly sued State Farm for bad faith in failing to accept the settlement offer within a reasonable time despite the ...

Citation248 N.Y. 339, 162 N.E. 99 (N.Y. 1928) Brief Fact Summary. Ms. Palsgraf was struck by railroad scales when a man’s package of fireworks dropped and exploded while he was struggling to get on a moving train.     Synopsis of Rule of Law. A defendant’s duty is limited to that risk which can be reasonably foreseen within a range of apprehension.   ...

Citation. Privy Council, 1961. [1961] A.C. 388. Brief Fact Summary. Defendant, the ship Wagon Mound was at a wharf and was taking on a large amount of bunker oil. In that process, they spilled quite a bit that concentered on the Plaintiff’s (Overseas Tankship) property. Two days later that oil caught fire and damaged the wharf and Plaintiff’s equipment. Plaintiff sues.   Synopsis of Rule of Law. The test of liability in a negligence case regarding causation is based on whether a reasonable person would foresee this damage and not whether the damage is a direct resul ...

Citation94 Wis.2d 17, 288 N.W.D 95 (Wis. 1980) Brief Fact Summary. Ollerman bought a vacant lot to build a house. While excavating, a well was uncapped and water was released. Ollerman sued O’Rourke, alleging he would not have bought the property had he known about the defective well (or at least he would have paid less for the property).   Synopsis of Rule of Law. A subdivider-vendor of a residential lot has a duty to a “non-commercial” purchaser to disclose facts which are known to the vendor, which are material to the transaction, and which are not re ...

Citation376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) Brief Fact Summary. The New York Times ran a full-page advertisement for people and groups protesting police treatment of anti-Black sentiment in the South. Sullivan, a commissioner who represented Alabama’s police department, demanded a retraction and sued the Times for libel.   Synopsis of Rule of Law. Under the First and Fourteenth Amendments, a public official should be prohibited from recovering damages for a defamatory falsehood relating to her official conduct unless she proves that the statem ...

Citation25 N.Y.2d 560, 255 N.Ed.2d 765, 307 N.Y.S.2d 647 (N.Y. 1970) Brief Fact Summary. General Motors learned that Nader was planning to publish a book that was highly critical of one of its cars, so it initiated a vicious harassment campaign against Nader.     Synopsis of Rule of Law. To sustain a cause of action for invasion of privacy, a plaintiff must show that the defendant’s conduct was truly intrusive and that it was designed to elicit information which would not be available through normal inquiry or observation.   ...

Citation497 U.S. 1, 110 S.Ct. 2695, 111 L.Ed.2d 1 (1990) Brief Fact Summary. Milkovich’s high school wrestling team was put on probation after a brawl with a competing team. The judge granted the parents’ restraining order after Milkovich testified at a judicial hearing denying that he incited the brawl. A sports columnist who attended the meet where the brawl occurred but did not attend the judicial hearing published a column alleging that Milkovich had perjured himself in downplaying his role in the brawl..   Synopsis of Rule of Law. An opinion may be ac ...

Citation643 F.2d 134, cert. denied, 454 U.S. 836, 102 S.Ct. 139, 70 L.Ed 2d 116 (3d Cir. 1981) Brief Fact Summary. Times published an article on suspected criminal activities between then-Congressman Flood and Medico based on confidential FBI documents that Time was allegedly unauthorized to receive. Medico sued for defamation.     Synopsis of Rule of Law. Confidential FBI reports concern official proceedings and therefore fall under the fair report privilege, which protects the press from liability for defamatory statements so long as the account p ...

Citation73 N.Y.2d 246, 536 N.E.2d 372, 538 N.Y.S.2d 937 (N.Y. 1989) Brief Fact Summary. Garber’s malpractice left McDougald permanently comatose.   Synopsis of Rule of Law. Cognitive awareness is a prerequisite to recovery for loss of enjoyment of life.     ...

Citation221 Or. 86, 342 P.2d 790 (Or. 1959) Brief Fact Summary. Reynolds’ nearby aluminum eduction plant damaged Martin’s land and poisoned his cattle.     Synopsis of Rule of Law. Trespass is any intrusion which invades the possessor’s protected interest in exclusive possession, whether that intrusion is by visible or invisible pieces of matter or by energy which can be measured only by the mathematical language of the physicist.     ...

Citation:80 N.Y.2d 429, 605 N.E.2d 344, 590 N.Y.S.2d 857 (N.Y. 1992) Brief Fact Summary. Liberman sued Gelstein for slander after Gelstein: (1) told a fellow tenants’ board of governors member that Liberman may be bribing police officers not to ticket cars parked outside of the building and (2) told employees that Liberman had threw a punch at him and threatened his wife and kids.   Synopsis of Rule of Law. A conditional privilege protects defamatory statements that are made between two persons who share a common interest.   ...

Citation19 Cal.4th 254, 965 P.2d 696, 79 Cal.Rptr.2d 178, cert. denied, 526 U.S. 1114, 119 S.Ct. 1760, 143 L.Ed.2d 791 (Cal. 1998) Brief Fact Summary. Khawar was a freelance photographer who was photographed near Kennedy by a friend shortly before Kennedy was assassinated. Twenty years later, publisher Roundtable Press alleged a conspiracy theory that the assassination was caused by the Iranian Shah working with the Mafia. Globe International republished the same photograph in articles on the conspiracy, incorrectly identifying the purported assassin as Khawar. Khawar re ...

Citation760 S.E.2d 434 (W. Va. 2014) Brief Fact Summary. Liston drove while intoxicated, badly injuring Kenney. Kenney’s medical bills were $70,000. Liston admitted liability but argued damages should be limited to what Kenney actually paid because his medical bills were discounted.   Synopsis of Rule of Law. A tort victim who incurs medical expenses, suffers lost wages, or experiences other compensable loss may sue the tortfeasor for the entire amount of the victim’s injuries even if those losses have been neutralized by first-party insurance, by the vict ...

Citation183 N.W.2d 657 (Iowa 1971) Brief Fact Summary. Briney set up a 20-gauge spring shotgun in his old and uninhabited farmhouse without any warnings (though he did place “no trespass” signs on the land). Katko was shot in the leg while breaking and entering into Briney’s farmhouse, causing the permanent deformation of his leg.     Synopsis of Rule of Law. There is no privilege to use deadly force or force that would cause serious bodily injury to repel trespassers unless there was a threat that would justify self-defense.   ...

Citation18 Cal.2d 33, 112 P.2d 631 (Cal. 1941) Brief Fact Summary. California Consumers purchased an ice distributing business from S.L. Coker via a contract that contained a non-compete provision for the Santa Monica area so long as the California Consumers were engaged in the same business. When Imperial Ice acquired California Consumers’ interest in the ice distributing business, Coker began selling ice in the area via a deal with Rossier in violation of the contract.   Synopsis of Rule of Law. Competitive freedom is sufficiently important to justify o ...

Citation916 F.2d 1174 (7th Cir. 1990) Brief Fact Summary. Cyanamid’s railroad tank car was brought to a railroad yard owned by Indiana Harbor Belt Railroad to be switched onto an eastern railroad line. The tank car leaked chemicals, causing Indiana Harbor Belt Railroad employees to evacuate nearby homes. Indiana Harbor Belt Railroad was fined $981,022.75 for contamination of soil and water and sued to recover the cost of the fine.   Synopsis of Rule of Law. A manufacturer of a product is not engaged in an abnormally dangerous activity merely because the prod ...

Citation73 N.Y.2d 487, 539 N.E.2d 1069, 541 N.Y.S.2d 941 (N.Y. 1989) Brief Fact Summary. Over 500 individuals sued for injuries resulting from the latent effects of a drug their mothers used as a miscarriage preventative but found it difficult to link the specific manufacturer to a particular case and were often barred by the statute of limitations. The legislature amended the statute of limitations rule to permit cases that had been previously banned for one year.   Synopsis of Rule of Law. When causation cannot be determined for a defendant in a DES ca ...

Citation181 F.3d 608 (4th Cir. 1999) Brief Fact Summary. Despite reading the operator’s manual and stickers on the saw warned that users should only operate the saw with the blade guards in place or risk serious personal injury, Hood nonetheless detached the blade guards. The saw blade flew off, injuring Hood.   Synopsis of Rule of Law. A manufacturer may be liable for placing a product on the market that bears inadequate instructions and warnings or that is defective in design.   ...

Citation8 F.3d 1222 (7th Cir. 1993) Brief Fact Summary. Haynes was negatively featured in a book following his ex-wife’s life. Haynes admitted to many of the incidents described in the book but argued that he had since turned his life around in the past 25 years.   Synopsis of Rule of Law. An involuntary loss of privacy is not a proper cause of action under the privacy tort unless the private facts published would make a reasonable person deeply offended by such publicity (offensiveness) and the facts must be those in which the public has no legitimate int ...

Citation159 Wash. 632, 294 P. 570 (Wa. 1930) Brief Fact Summary. Cartwright died due to a punch from Geysel during a fight that was illegal under a statute.   Synopsis of Rule of Law. One who consents to engage in prize fighting, though the act is illegal, should not have a right to recover any damages sustained as a result of the combat and profit off of the illegal conduct.   ...

Citation20 Cal.App.3d 528, 97 Cal.Rptr. 739 (Cal. Ct. App. 1971) Brief Fact Summary. Jenner’s car crashed through the wall of the Hammontrees’ bicycle shop, striking Maxine Hammontree and causing personal injuries and damage to the bicycle shop. Jenner testified to a medical history of epilepsy and cited numerous examples of how he had attempted to avoid future epileptic attacks. The Hammontrees argued that Jenner should be held to an absolute liability standard, as in products liability cases, instead of a negligence standard.   Synopsis of Rule ...