University of Washington, School of Law. Law A 504A: Torts. Fall Quarter, COURSE DESCRIPTION

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1 University of Washington, School of Law Law A 504A: Torts Fall Quarter, Dongsheng Zang Assistant Professor of Law William H. Gates Hall #427 Updated: Tel: (206) zangd@uw.edu COURSE DESCRIPTION This course serves as an introduction to the legal doctrines of law of Torts. It is an intensive seven-credit course in the Autumn Quarter. The class will meet on Mondays, Tuesdays and Thursdays at 10:30-12:20, and Wednesdays at 10:30-11:20, at William H. Gates Hall #133. Content of this course is divided into the following five parts (more detailed information can be found in the Course Schedule on page 3 below): I. Introduction: The first week provides a brief historical and thematic introduction to the modern law of Torts. It aims to frame Torts in a world that not only flooded by legal doctrines in common law, but also by statutes, and compensation systems. We will also touch upon the controversial issue of tort reform, referred to recently by President Obama in his speech on health care reform. II. Fault: III. Causation: IV. Damages: This Part covers the subjective element of Torts. It includes two of the most talked-about topics: intentional torts and negligence. These are the traditionally hardcore issues in Torts with rich history in legal doctrines and secondary literature. We will spend about three weeks on this Part. This Part discusses the second key element of Torts the causal link between a tortious act and injury. Causal link includes causation in fact and proximate cause in law. The third element of Torts is damage. Damage includes not only different kinds of damages such as personal injury, wrongful death, but also how to divide responsibilities when the injured person contributed to an accident. This Part also touches upon the issue of whether government is immune from liabilities (remember hurricane Katrina?). V. Liability: The final Part discusses liability that goes beyond the typical personal injury cases. It covers strict liability (beyond fault), vicarious liability (liability reaching the employer or contractor), nuisance (liability limiting the way property owner enjoys her property), and product liability (liability reaching the products of manufacturers and retailers).

2 OBJECTIVES Torts and Beyond: Analytic Skills: This course first aims to provide you the basic terminology, legal doctrines and principles in the field. Second, it aims to help you find the link between this basic course with more advanced courses and topics such as medical malpractice law, environmental law, product liability, privacy, and other legal areas. Remember the BP oil spill in the summer of 2010? Equally important, this course aims to help you develop basic but crucial analytic skills in legal analysis. Critical thinking is the goal. Specific time and efforts are dedicated to issues like how to read a case, and how to distinguish one case from another. A short list of key literature on legal reasoning is provided in Textbooks and References, on page 3 below. REQUIREMENTS AND GRADING Grade: Attendance: There will be a final in-class exam, accounting for 100% of the overall grade. Class participation is strongly encouraged but will not be graded. Each student is expected to attend class. If you are not feeling well, or have an emergency, you should ask for permission in advance. Disability-related needs: To request academic accommodations due to a disability, please contact Disability Resources for Students (DRS), # 448 Schmitz Hall, (206) (V), (206) (TTY). If you have a letter from DRS, please present the letter to me so we can discuss the accommodations you might need in this class. Course Materials: TEXTBOOKS AND REFERENCES Victor E. Schwartz, Kathryn Kelly & David F. Partlett, Prosser, Wade and Schwartz s Torts: Cases and Materials (12nd ed.), New York, NY: Foundation Press 2010, ISBN-13: [hereinafter, Textbook]. Textbook is available at the University Book Store. You may be able to find a good deal online. Some publishers may provide textbooks with the same pagination in loose-leaf format, but at a considerably lower price. All supplemental materials (indicated as Supp.) will either be distributed or put onto the Westlaw s TWEN website under the category of Course Material. You can find a link to TWEN through the course website: <

3 Short Books on Torts: If you need a concise statement of the basics of Torts, you may find the following reference helpful. Kenneth S. Abraham, The Forms and Functions of Tort Law (3rd ed.), New York, NY: Foundation Press 2007; John C.P. Goldberg & Benjamin C. Zipursky, Torts: A Short Introduction, Oxford University Press References on Legal Reasoning: Edward Levi, An Introduction to Legal Reasoning, 15 U. Chi. L. Rev. 501 (1948). The article was also published in book form as Edward Levi, An Introduction to Legal Reasoning, Chicago, IL: University of Chicago Press 1949; Karl N. Llewellyn, The Common Law Tradition: Deciding Appeals, Boston, MA: Little, Brown 1960; Duncan Kennedy, A Critique of Adjudication, {fin de siècle}, Cambridge, MA: Harvard University Press Torts Stories & Torts Lawyers: If you need a break from your textbooks (and professors), and wish to know about the life a tort lawyer, the following stories and movies may be of interests. Gerald M. Stern, The Buffalo Creek Disaster: How the Survivors of One of the Worst Disasters in Coal-mining History Brought Suit against the Coal Company And Won, New York, NY: Vintage 2008 (first published in 1976); Peter H. Schuck, Agent Orange on Trial: Mass Toxic Disasters in the Courts, Cambridge, MA: The Belknap Press of Harvard University Press 1986; Movie: A Civil Action (1998), starred by John Travolta, on the reallife water contamination case in Woburn, Massachusetts in the 1980s. The movie is based on a non-fiction novel A Civil Action, by Jonathan Harr, published in 1996; Movie: Erin Brockovich (2000), starred by Julia Roberts, who won an Academy Award. People ask me all the time, is the movie true and accurate? YES, the movie was true and probably 98% accurate. They took very few creative licenses

4 COURSE SCHEDULE Content is subject to change, depending on the availability of updated or better information before each class. The following are required readings only; recommended or optional readings may be handed out in class or posted on the course website. PART I. INTRODUCTION: AN OVERVIEW Week 1 09/27 1. Introduction pp.1-6 Hulle v. Orynge (1466), 4. Weaver v. Ward (1616), 5. 09/28 2. Foundations of Liability Supp.#1: James Barr Ames, Law and Morals, 22 Harv. L. Rev. 97 (Dec. 1908, No.2). pp.7-16 Supp.#1 Brown v. Kendall (1850), 7. Cohen v. Petty (1933), 10. Spano v. Perini Corp. (1969), /29 Big Idea in Torts Series: Law and Morality Supp.#1 09/30 3. Liability Based on Statutes (read quickly) 4. Compensation Systems (read quickly) pp pp PART II. FAULT Week 2 Chapter 1. Intentional Torts 10/04 10/05 1. Intent pp Garratt v. Dailey (1955), 17. Spivey v. Battaglia (1972), 20. Ranson v. Kitner (1889), Battery pp Cole v. Turner (1704), 30. Wallace v. Rosen (2002), 31. Fisher v. Carrousel Motor Hotel, Inc. (1967), Assault pp I de S et ux. v. W de S (1348), 37. Western Union Telegraph Co. v. Hill (1933), False Imprisonment pp Big Town Nursing Home, Inc. v. Newman (1970), 41. Parvi v. City of Kingston (1977), 43. Hardy v. LaBelle s Distributing Co. (1983), 45. Enright v. Groves (1977), 47 10/06 10/07 Group Discussion 5. Intentional Infliction of Emotional Distress pp State Rubbish Collectors Ass n v. Siliznoff (1952), 51. Slocum v. Food Fair Stores of Florida (1958), 55. Harris v. Jones (1977), 58. Taylor v. Vallelunga (1959),

5 10/11 10/12 Week 3 6. Trespass pp Dougherty v. Stepp (1835), 68. Herrin v. Sutherland (1925), 70. Rogers v. Board of Road Com rs for Kent County (1947), 72. Glidden v. Szybiak (1949), 74. Intel Corp. v. Hamid, 71 P.3d 296 (Cal. 2003) (Supp.#2) 7. Privilege: Consent pp O Brien v. Cunard S.S. Co. (1891), 92. Mohr v. Williams (1905), 95. De May v. Roberts (1881), /13 8. Privilege: Defense (Self, Others, and Property) Big Idea Series: Martha Chamallas, Importing Feminist Theories to Change Tort Law, 11 Wisconsin Women s Law Journal 389 (Summer 1997, No.3). Chapter 2. Negligence pp Katko v. Briney (1971), 108. Supp.#3 10/14 1. Negligence Formula pp Brown v. Kendall (1850), 7 (re-read). Lubitz v. Wells (1955), 135. Blyth v. Birmingham Waterworks Co. (1856), 136. Pipher. v. Parsell (2007), 137. United States v. Carroll Towing Co. (1947), /18 10/19 2. Common Law Standard of Care: The Reasonable Person 3. Common Law Standard of Care: The Professional Week 4 pp Vaughan v. Menlove (1837), 150. Robinson v. Lindsay (1979), 166. Breunig v. American Family Ins. Co. (1970), 170. pp Heath v. Swift Wings, Inc. (1979), 174. Hodges v. Carter (1954), 179. Morrison v. MacNamara (1979), 187. Moore v. The Regents of the University of California (1990), /20 4. Statutory Standard of Care pp Pokora v. Wabash Ry. Co. (1934), 208. Osborne v. McMasters (1889), 212. Zeni v. Anderson (1976), /21 Big Idea Series: Economics Approach to Torts, by Professor Steve Calandrillo Supp.#4 5. Proof of Negligence: Circumstantial Evidence pp Goddard v. Boston & Maine R.R. Co. (1901), 238. Anjou v. Boston Elevated Railway Co. (1911), 238. Joye v. Great Atlantic and Pacific Tea Co. (1968), 239. Ortega v. Kmart Corp. (2001), 240. Jasko v. F.W. Woolworth Co. (1972), 242. H. E. Butt Groc. Co. v. Resendez (1999),

6 10/25 6. Proof of Negligence: Res Ipsa Loquitur pp Byrne v. Boadle (1863), 245. McDougald v. Perry (1998), 249. Week 5 Review of Chapters 1 & 2. PART III. CAUSAL RELATIONSHIP Chapter 3. Causation in Facts 10/26 10/27 10/28 1. What Is Causation pp Perkins v. Texas and New Orleans Ry. Co. (1962), 268. Kramer Service v. Wilkins (1939), 276. Herskovits v. Group Health Cooperative of Puget Sound (1983), Proof of Causation pp Daubert v. Merrell Dow Pharmaceuticals, Inc. (1995), 284. Week 6 11/01 3. Concurrent Causes pp Hill v. Edmonds (1966), 291. Anderson v. Minneapolis (1920), 292. Summers v. Tice (1948), 295. Sindell v. Abbott Laboratories (1980), 297. Chapter 4. Proximate Cause 1. Unforeseeable pp Atlantic Coast Line R. Co. v. Daniels (1911), 303. Ryan v. New York Central R.R. Co. (1866), 304. Bartolone v. Jeckovich (1984), 307. In re Arbitration between Polemis and Furness, Withy & Co., Ltd. (1921), /02 1. Unforeseeable (cont d) pp Wagon Mound No. 1 (1961), 312. Wagon Mound No.2 (1966) 316. Palsgraf v. Long Island R.R. Co. (1928), Intervening Causes pp Derdiarian v. Felix Contracting Corp. (1980), 336. McCoy v. American Suzuki Motor Corp. (1998), /03-6 -

7 PART IV. DAMAGES Chapter 5. Damages 11/04 1. Personal Injuries pp Anderson v. Sears, Roebuck & Co. (1974), 535. Richardson v. Chapman (1997), 539. pp Montgomery Ward & Co., Inc. v. Anderson (1998), 556. Zimmerman v. Ausland (1973), /08 Week 7 2. Wrongful Death pp Moragne v. States Marine Lines, Inc. (1970), 586. Selders v. Armentrout (1973), 595. Herskovits v. Group Health (1983), Justice Pearson s concurring opinion (Supp.#5) 3. Punitive Damages pp Cheatham v. Pohle (2003), 567. State Farm Mutual Automobile Ins. Co. v. Campbell (2003), 572. Exxon Shipping Co. v. Baker (2008), 578. Chapter 6. Defenses 11/09 1. Contributory Negligence & Comparative Negligence pp Butterfield v. Forrester (1809), 609. Davies v. Mann (1842), 614. McIntyre v. Balentine (1992), Assumption of Risk pp Seigneur v. National Fitness Institute, Inc. (2000), 625. Rush v. Commercial Realty Co. (1929), 631. Blackburn v. Dorta (1977), /10 11/11 3. Immunities: Family pp Freehe v. Freehe (1972), 647. Zellmer v. Zellmer (2008), 651. Holiday: Veterans Day! 11/15 4. Immunities: State and Local Governments pp Week 8 Clarke v. Oregon Health Sciences University (2007), 662. Riss v. New York (1968), 669. DeLong v. Erie County (1982), Immunities: Federal Government and Public Officers pp Deuser v. Vecera (1998),

8 PART V. SCOPE OF LIABILITY Chapter 7. Strict Liability 11/16 11/17 1. Abnormally Dangerous Activities pp Rylands v. Fletcher (1865), 719. Miller v. Civil Constructors, Inc. (1995), Limitations pp Foster v. Preston Mill Co. (1954), 737. Golden v. Amory (1952), 739. Sandy v. Bushey (1925), 741. Big Idea Series: Cause Lawyers Mr. William Marler, managing partner of Marler Clark, LLP, PS, Seattle-based law firm specializing on food safety. Chapter 8. Vicarious Liability 11/18 1. Respondeat Superior pp Bussard v. Minimed, Inc. (2003), 689. O Shea v. Welch (2003), Independent Contractors pp Murrell v. Goertz (1979), 695. Maloney v. Rath (1968), 697. Chapter 9. Nuisance Week 9 11/22 1. Private Nuisance pp Philadelphia Electric Company v. Hercules, Inc. (1985), 834. Morgan v. High Penn Oil Co. (1953), Remedy for Nuisance pp Boomer v. Atlantic Cement Co., Inc. (1970), 850. Spur Industries, Inc. v. Del E. Webb Development Co. (1972), /23 11/24 11/25 Class cancelled due to dangerously cold weather. No class. Holiday: Thanksgiving! Chapter 10. Product Liability Week 10 11/29 1. Theories of Recovery: Negligence and Warranties pp ; pp Winterbottom v. Wright (1842), 417. MacPherson v. Buick Motor Co. (1916), 422 [746]. Henningsen v. Bloomfield Motors, Inc. (1960), Theories of Recovery: Strict Liability 3. Defects in Manufacture Greenman v. Yuba Power Products, Inc. (1963), 760. Rix v. General Motors Corp. (1986),

9 11/30 4. Defects in Design Prentis v. Yale Mfg. Co. (1984), 771. O Brien v. Muskin Corp. (1983), /01 12/02 5. Warnings 6. Defenses: Plaintiff s Conduct Big Idea Series: Professor Patricia Kuszler, on Medical Malpractice Litigation and Torts Anderson v. Owens-Corning Fiberglas Corp. (1991), 786. Daly v. General Motors Corp. (1978) 799. Ford Motors Co. v. Matthews (1974), /06 Week Federal Preemption Riegel v. Medtronic, Inc. (2008), 807. Wyeth v. Levine (2009), /07 12/08 Review Makeup Class: 3. Global Warming as Public Nuisance Review Last Day of Instruction. Final exam is scheduled on December 15th, 2010, Wednesday, at 1:00 pm. Please contact the Academic Services for all information about exam rules and administration. Good luck! State of Connecticut et al. v. American Electric Power Company, Inc., et al. (2nd Cir. 2009)