CitationAlyeska Pipeline Serv. Co. v. Aurora Air Serv., 604 P.2d 1090, 1979 Alas. LEXIS 601 (Alaska 1979) Brief Fact Summary. The Superior Court of the State of Alaska, Fourth Judicial District found the Appellants, Alyeska Pipeline Service Co. (Aleyska), Clyde F. Klick, and Leslie Warren Bays (Appellants) liable in tort for intentionally interfering in the contractual relationship of the Appellee, Aurora Air Services (Appellee), with a third party and inducing a breach of contract without acting in good faith. The Appellant and individuals challenged the decision. Synopsis of Rule of Law. ...
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Graci v. Damon
CitationGraci v. Damon, 1978 Mass. LEXIS 1183 (Mass. 1978) Brief Fact Summary. The Superior Court (Massachusetts) entered the jury’s verdict against Defendants in proportion to the amount of negligence attributable to them in the action by Plaintiff business owner to recover for injuries he sustained in an electrical accident. Synopsis of Rule of Law. Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the tot ...
Hughes v. Magic Chef, Inc
CitationHughes v. Magic Chef, Inc., 288 N.W.2d 542 (Iowa Feb. 20, 1980) Brief Fact Summary. The Polk District Court (Iowa) entered judgment for Magic Chef, Inc. (Defendant) in a strict products liability action and overruled Plaintiffs’ Motion for a New Trial. Plaintiffs, husband and his wife, challenged the decision. Synopsis of Rule of Law. Misuse is not an affirmative defense in a products liability action but is an element of the plaintiff’s own case in which he must establish, by a preponderance of the evidence that the manner in which the product was used was foreseeable ...
Moorman Manufacturing Co. v. National Tank Co
CitationMoorman Mfg. Co. v. National Tank Co., 91 Ill. 2d 69 (Ill. Feb. 19, 1982) Brief Fact Summary. The Appellate Court for the Fourth District (Illinois) reversed the dismissal of Moorman Manufacturing Co.’s (Plaintiff’s) claims of strict liability, misrepresentation, and negligence in an action to recover for a defective feed-storage tank. The appellate court held that the purchaser could recover for economic loss, and National Tank Co. (Defendant) appealed. Synopsis of Rule of Law. When a product is sold in a defective condition that is unreasonably dangerous to the user o ...
Lee v. Crookston Coca-Cola Bottling Co
CitationLee v. Crookston Coca-Cola Bottling Co., 290 Minn. 321 (Minn. 1971) Brief Fact Summary. The Polk County District Court (Minnesota) returned a general verdict in favor of Crookston Coca-Cola Bottling Co. (Defendant) in suit brought by Plaintiff to recover damages for injuries she sustained from the alleged explosion of a soda bottle that had been bottled by defendant bottling company. Plaintiff appealed. Synopsis of Rule of Law. When it could be inferred from circumstantial evidence that it is more probable than not that a product was defective when it left the manufacturer’s ...
Bamford v. Turnley
Citation122 ER 25, Volume 122 Brief Fact Summary. Plaintiff brought an action for nuisance, alleging that brick kilns operated by his neighbor caused him injury in the form of fetid odor and an unhealthy environment. The trial court entered judgment for Defendant. Plaintiff appealed. Synopsis of Rule of Law. Even if activity performed on one’s land is necessary or for the public benefit, one cannot infringe on the rights of another individual. If one does, they must compensate the other for damages. ...
Rylands v. Fletcher
Citation24 Nev. 251, 52 P. 274,1898 Nev. Brief Fact Summary. Plaintiff sued in connection with the flooding of his mine. The trial court found in his favor. Defendant sought review. Synopsis of Rule of Law. A person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. ...
Boroughs v. Joiner
CitationBoroughs v. Joiner, 337 So. 2d 340 (Ala. 1976) Brief Fact Summary. An Alabama trial court entered summary judgment in favor of Joiner (Defendant), a landowner, in an action over damages to another’s property allegedly sustained during crop spraying. Boroughs’ (Plaintiff’s) neighbor appealed. Synopsis of Rule of Law. One who employs an independent contractor to do work involving a special danger to others which the employer knows or has reason to know to be inherent in or normal to the work, or which he contemplates or has reason to contemplate when making the cont ...
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 ...
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 ...
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 ...
Mobil Oil Corp. v. Thorn
CitationMobil Oil Corp. v. Thorn, 401 Mich. 306 (Mich. 1977) Brief Fact Summary. The Court of Appeals of Michigan awarded Mobil Oil Corp.’s (Plaintiff) Motion for Summary Judgment in Thorn’s (Defendant) breach of contract action. The court denied Defendant’s personal injury counterclaim on the basis that “an action in tort could not properly be predicated by a lessee upon a breach by a lessor of an agreement to make repairs.” Defendant sought review. Synopsis of Rule of Law. A lessor of land is subject to liability for physical harm caused to his lessee and ot ...
Harry Stoller & Co. v. Lowell
CitationHarry Stoller & Co. v. Lowell, 412 Mass. 139, 587 N.E.2d 780, 1992 Mass. LEXIS 139 (Mass. Mar. 9, 1992) Brief Fact Summary. The Superior Court (Massachusetts) entered a judgment notwithstanding the verdict in Appellant’s action against Appellee based upon the alleged negligence of city firefighters in fighting fires in the owner’s buildings. The court concluded that the city was exempt from liability under the discretionary function exception of Section 10 (b) of the Massachusetts Tort Claims Act. The Appellant appealed. Synopsis of Rule of Law. Discretionary immuni ...
Pagelsdorf v. Safeco Ins. Co
CitationPagelsdorf v. Safeco Ins. Co., 91 Wis. 2d 734 (Wis. 1979) Brief Fact Summary. In Pagelsdorf’s (Plaintiff) claims of negligence in the Circuit Court for Milwaukee County (Wisconsin) the jury verdict in favor of Plaintiff. Plaintiff appealed. Synopsis of Rule of Law. A landlord is under a duty to exercise ordinary care in the maintenance of the premises. ...
O’Sullivan v. Shaw
CitationO’Sullivan v. Shaw, 431 Mass. 201 (Mass. Apr. 13, 2000) Brief Fact Summary. In an action for negligence, the Superior Court, Essex (Massachusetts) granted Defendants’ Motion for Summary Judgment. The court reasoned that diving into the shallow end of Defendants’ pool presented an open and obvious danger that was known to the Plaintiff, therefore Defendants did not owe a duty of care to Plaintiff. Plaintiff appealed. Synopsis of Rule of Law. A landowner’s duty to protect lawful visitors against dangerous conditions on his property ordinarily does not extend to ...
Rowland v. Christian
CitationRowland v. Christian, 69 Cal. 2d 108 (Cal. 1968) Brief Fact Summary. The Superior Court of the City and County of San Francisco (California) granted summary judgment in favor of Nancy Christian (Defendant). Roland (Plaintiff), a social guest, had brought an action to recover damages for personal injuries caused by a defective bathroom fixture in an apartment occupied by Defendant. Plaintiff appealed. Synopsis of Rule of Law. The proper test to be applied to the liability of a landowner is whether in the management of his property, he has acted as a reasonable man in view of the proba ...
Gladon v. Greater Cleveland Regional Transit Auth
CitationGladon v. Greater Cleveland Regional Transit Auth., 75 Ohio St. 3d 312 (Ohio Mar. 6, 1996) Brief Fact Summary. A jury awarded Gladon (Plaintiff) damages in connection with being struck by a train operated by Greater Cleveland Regional Transit Authority (Defendant). Defendant appealed. Synopsis of Rule of Law. A landowner owes a duty to an invitee to exercise ordinary care for the invitee’s safety and protection. Conversely, a landowner owes no duty to a licensee or trespasser except to refrain from willful, wanton, or reckless conduct that is likely to injure him. ...
Bexiga v. Havir Mfg. Corp
CitationBexiga v. Havir Mfg. Corp., 60 N.J. 402 (N.J. 1972) Brief Fact Summary. In a products liability action, John Bexiga, Sr., (Plaintiff) brought an action on behalf of his son, who was injured on the job. The lower court dismissed the action and the appellate court affirmed. The Supreme Court of New Jersey overturned the appellate court ruling and remanded for a new trial. Synopsis of Rule of Law. Strict liability applies to anyone “who sells a product in a defective condition unreasonably dangerous to the user or consumer or his property.” Restatement (Third) of Torts. ...
Leroy Fibre Company v. Chicago, Milwaukee & St. Paul Railway
CitationLe Roy Fibre Co. v. Chicago, M. & S. P. Railway, 232 U.S. 340 (U.S. Feb. 24, 1914) Brief Fact Summary. In a negligence action, Leroy Fibre Company (Plaintiff) claimed that Chicago, Milwaukee & St. Paul Railway (Defendant) had destroyed his property and sought damages. A jury found for the Defendant. Plaintiff sought review. Synopsis of Rule of Law. An owner of property who acts in a reasonable and prudent manner has a right to manage his property as he sees fit without being required to anticipate another’s negligence. ...
Medcalf v. Washington Heights Condo. Ass’n
CitationMedcalf v. Washington Heights Condo. Ass’n, 57 Conn. App. 12 (Conn. App. Ct. Mar. 21, 2000) Brief Fact Summary. Washington Height Condominium Association and a management company (Defendants) appealed a judgment for plaintiff, by the Superior Court in the Judicial District of Stamford-Norwalk (Connecticut), on grounds that the court should have entered judgment for Defendants on Plaintiff’s negligence claim as a matter of law. Synopsis of Rule of Law. The term proximate cause, includes both cause in fact and foreseeability components. The harm that occurred to plaintiff ...
Landers v. East Texas Salt Water Disposal Co
CitationLanders v. East Texas Salt Water Disposal Co., 242 S.W.2d 236 (Tex. Civ. App. 1951) Brief Fact Summary. : Landers (Plaintiff), owner of a small lake, appealed the dismissal of action as to damages. After East Texas Salt Water Disposal Company’s (Defendant) plea in abatement asserting a misjoinder of parties and of causes of action had been sustained, the lake owner declined to replead so as to assert several liability only against each defendant in separate suits. The Court of Civil Appeals for the Sixth District (Texas) affirmed. Synopsis of Rule of Law. This case overrules ...
Anderson v. Minneapolis, S. P. & S. S. M. R. Co
Citation146 Minn. 430; 179 N.W. 45 (1920). View this case and other resources at: Brief Fact Summary. Anderson (Plaintiff) property near Minneapolis, S.P. & S.S.M.R. Company’s (Defendant) railroad tracks. Plaintiff sued the railroad company and the Director General of Railroads (Defendants) for damages resulting from a fire that was allegedly caused by sparks from one of Defendant’s locomotive engines that spread until it reached Plaintiff’s land, where it destroyed some of his property. Synopsis of Rule of Law. In Anderson, the court approved a jury instruction tha ...
Chaffin v. Brame
CitationChaffin v. Brame, 233 N.C. 377 (N.C. 1951) Brief Fact Summary. Brame (Defendant) parked his vehicle on a highway at night without warning lights or signals. Chaffin (Plaintiff) collided with the truck, and the driver filed an action for property damage. The trial court in Lincoln County (North Carolina) entered the jury’s verdict that the Plaintiff was damaged by the truck driver’s negligence and that the Plaintiff driver was not contributorily negligent. Defendant appealed. Synopsis of Rule of Law. A person is not bound to anticipate negligent acts or omissions on the ...
Tedla v. Ellman
CitationTedla v. Ellman, 280 N.Y. 124 (N.Y. 1939) Brief Fact Summary. Anna Tedla and her brother, John Bachek (Plaintiffs) were walking along a road to the right of the center-line in violation of a traffic statute, when they were struck by a passing automobile, operated by Ellman (Defendant). A jury found that the accident was due solely to the negligence of the Defendant. Appellant maintained that Appellees were guilty of contributory negligence as a matter of law because of their violation of the statute. Synopsis of Rule of Law. Where a statutory general rule of conduct fixes no definite ...
Wegner v. Milwaukee Mut. Ins. Co
CitationWegner v. Milwaukee Mut. Ins. Co., 479 N.W.2d 38 (Minn. Dec. 13, 1991) Brief Fact Summary. The Court of Appeals of Minnesota affirmed a trial court’s granting of summary judgment to Milwaukee Mutual Insurance Company (Defendant) in Harriet G. Wenger’s (Plaintiff’s) action for damages caused to her house when city police flushed out a criminal suspect hiding in the house. The homeowner challenged the judgment. Synopsis of Rule of Law. In situations where an innocent third party’s property is taken, damaged or destroyed by the police in the course of apprehend ...