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: October 26, 2009 Tel: (206) zangd@u.washington.edu COURSE DESCRIPTION This course serves as a thorough introduction to the legal doctrines of law of Torts. It is a seven-credit course in the Autumn Quarter. The class will meet on s, s and s at 10:30-12:20, and s 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): Part I. Introduction: Part II. Fault: Part III. Causal Link: Part IV. Damages: Part V. Liability: 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. It 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. This Part is dedicated to the third element of Torts: damages. Damages include different kinds of damages such as personal injury, wrongful death, but also how to divide damages when the injured person also contributes to an accident. It also touches upon the issue of whether government is immune from liabilities (the hurricane Katrina is currently a hotly debated issue). This 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. Increasingly, modern law of Torts has even international elements. Remember the Mattel toys recalls in the summer of 2008? 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 Components: Attendance: Class Participation: The overall grade for each student is composed of the following elements: (a) final in-class exam, accounting for 80% of the overall grade; (b) class attendance and participation, 5% each; and (c) two class exercises, 5% each. Each student is expected to attend class. If you are not feeling well, or have an emergency, you should ask for permission in advance. Each student is expected to be fully prepared when she comes to the class. Evaluation of class participation includes the following elements: (a) class attendance in general; (b) frequency in taking part in class discussion (quantitative contribution to class discussion); and (c) quality in taking part in class discussion. Full credits will be given to those students who not only speak often, but can also shape the focuses, perspectives, and analysis in class discussion. TEXTBOOKS AND REFERENCES Course Materials: Victor E. Schwartz, Kathryn Kelly & David F. Partlett, Prosser, Wade and Schwartz s Torts: Cases and Materials (11th ed.), New York, NY: Foundation Press 2005, ISBN # [hereinafter, Textbook]. Textbook is available at the University Book Store. You may be able to find a good deal online. All supplemental materials (indicated as Supp.) will either be distributed or put onto the course website before the classes. The course website can be found at: <

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 (290 pages in length). Classics in the History of Torts: The following classic texts may be quoted from time to time in class. You are not required to read them for the purpose of this class. But if you were interested, they are all available for free in Google Books website: William Blackstone, Commentaries of the Laws of England (originally published by the Clarendon Press at Oxford ) (William Carey Jones ed.), San Francisco, CA: Bancroft-Whitney Company 1916, Book III; Oliver Wendell Holmes, Jr., The Common Law, Boston, MA: Little, Brown & Co. 1881; Mark DeWolfe Howe ed., 1963, Chapters III and IV; Frederick Pollock, The Law of Torts: A Treatise on the Principles of Obligations arising from Civil Wrongs in the Common Law (2nd ed.), London: Stevens & Sons, Ltd. 1890; Roscoe Pound, An Introduction to the Philosophy of Law, New Haven, CT: Yale University Press 1922, Chapter 4. References on Legal Reasoning: Jane C. Ginsburg, Introduction to Law and Legal Reasoning, New York, NY: Foundation Press 2003; 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

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 Week 1 Topics Readings Case Index 09/28 1. Introduction pp.xiii-xvii pp.1-16 Anonymous (1466), 4-5. Weaver v. Ward (1616), Foundations of Liability pp.1-16 Brown v. Kendall (1850), Spano v. Perini Corp. (1969), /29 3. Liability Based on Statutes: Expressed Rights 4. Liability Based on Statutes: Implied Rights pp De Falco v. Bernas (2001), pp /30 Class Exercise: How to Read a Case? Revisiting Weaver (1616) and Kendall (1850). 10/01 5. Compensation Systems pp Blankenship v. Cincinnati Milacron Chemicals, Inc. (1982), PART II. FAULT 6. Tort Reform pp Pulliam v. Coastal Emergency Svcs. (1999), Chapter 1. Intentional Torts Week 2 10/05 10/06 1. Intent pp Garratt v. Dailey (1955), Spivey v. Battaglia (1972), Ranson v. Kitner (1889), Battery and Assault pp Cole v. Turner (1704), Wallace v. Rosen (2002), Fisher v. Carrousel Motor Hotel, Inc. (1967), 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), Parvi v. City of Kingston (1977), Hardy v. LaBelle s Distributing Co. (1983), Enright v. Groves (1977), Whittaker v. Sandford (1912), Intentional Infliction of Emotional Distress pp State Rubbish Collectors Ass n v. Siliznoff (1952), Slocum v. Food Fair Stores of Florida - 4 -

5 (1958), Harris v. Jones (1977), Taylor v. Vallelunga (1959), /07 Speaker Series: How to Do Research, presentation by Mary Whisner, winner of UW Distinguished Librarian Award /08 5. Trespass pp Dougherty v. Stepp (1835), Bradley v. American Smelting and Refining Co. (1985), Herrin v. Sutherland (1925), Glidden v. Szybiak (1949), Conversion pp Pearson v. Dodd (1969), /12 Week 3 7. Privilege: Consent pp O Brien v. Cunard S.S. Co. (1891), Hackbart v. Cincinnati Bengals, Inc. (1979), Mohr v. Williams (1905), De May v. Roberts (1881), /13 8. Privilege: Defense (Self, Others, and Property) 9. Privilege: Fraud and Recovery of Property 10. Privilege: Necessity & Justification pp Katko v. Briney (1971), pp Hodgeden v. Hubbard (1846) Bonkowski v. Arlan s Department Store (1968), pp Surocco v. Geary (1853), Vincent v. Lake Erie Transp. Co. (1910), Sindle v. New York City Transit Authority (1973), /14 Speaker Series: Economics Approach to Torts, by Professor and Associate Dean Steve Calandrillo. Chapter 2. Negligence 10/15 1. Negligence Formula pp Lubitz v. Wells (1955), 133. Blyth v. Birmingham Waterworks Co. (1856), 134. Gulf Refining Co. v. Williams (1938), Chicago, B. & Q.R. Co. v. Krayenbuhl (1902), Davison v. Snohomish County (1928), United States v. Carroll Towing Co. (1947), /19 2. Common Law Standard of Care: The Reasonable Person Week 4 pp Vaughan v. Menlove (1837), Delair v. McAdoo (1936), Trimarco v. Klein (1982), Robinson v. Lindsay (1979), Breunig v. American Family Ins. Co. (1970),

6 10/20 3. Common Law Standard of Care: The Professional pp Heath v. Swift Wings, Inc. (1979), Hodges v. Carter (1954), Morrison v. MacNamara (1979), Moore v. The Regents of the University of California (1990), /21 Class Exercise: In Class Practice 10/22 4. Statutory Standard of Care pp Pokora v. Wabash Ry. Co. (1934), Osborne v. McMasters (1889), Zeni v. Anderson (1976), Proof of Negligence: Circumstantial Evidence pp Goddard v. Boston & Maine R.R. Co. (1901), Anjou v. Boston Elevated Railway Co. (1911), Joye v. Great Atlantic and Pacific Tea Co. (1968), 231. Ortega v. Kmart Corp. (2001), Jasko v. F.W. Woolworth Co. (1972), H. E. Butt Groc. Co. v. Resendez (1999), /26 6. Proof of Negligence: Res Ipsa Loquitur Week 5 pp Byrne v. Boadle (1863), McDougald v. Perry (1998), Review of Chapters 1 & 2. PART III. CAUSAL RELATIONSHIP Chapter 3. Causation in Facts 10/27 1. Sine Qua Non pp pp pp Perkins v. Texas and New Orleans Ry. Co. (1962), Kramer Service v. Wilkins (1939), Herskovits v. Group Health Cooperative of Puget Sound (1983), Proof of Causation pp Daubert v. Merrell Dow Pharmaceuticals, Inc. (1995), /28 Class Exercise: Commentaries and Group Discussion 10/29 3. Concurrent Causes pp Hill v. Edmonds (1966), 282. Anderson v. Minneapolis, St. P. & S. St. M. R.R. Co. (1920), Summers v. Tice (1948), Sindell v. Abbott Laboratories (1980), Chapter 4. Proximate Cause - 6 -

7 1. Unforeseeable pp Ryan v. New York Central R.R. Co. (1866), Bartolone v. Jeckovich (1984), In re Arbitration between Polemis and Furness, Withy & Co., Ltd. (1921), /02 Week 6 Professor Kuszler will be teaching. Whiteside v. Lukeson, 89 Wa. App. 109, 947 P. 2d 1263 (1997) Harbeson v. Parke-Davis, 656 P. 2d 483 (1983) Review of Herskovits v. Group Health (from Oct. 26 session) & Moore v. Regents of UC (From Oct 20 session) 1. Unforeseeable (cont d) pp pp Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. Wagon Mound No.1 (1961), Palsgraf v. Long Island R.R. Co. (1928), Intervening Causes pp Derdiarian v. Felix Contracting Corp. (1980), McCoy v. American Suzuki Motor Corp. (1998), /03 3. Public Policy pp Kelly v. Gwinnell (1984), Enright v. Eli Lilly & Co. (1991), Review of Chapters 3 & 4. 11/04 Class Exercise A: In Class (Graded) PART IV. DAMAGES 11/05 Chapter 5. Damages 1. Personal Injuries pp Anderson v. Sears, Roebuck & Co. (1974), Richardson v. Chapman (1997), pp Montgomery Ward & Co., Inc. v. Anderson (1998), Zimmerman v. Ausland (1973), /09 Week 7 2. Wrongful Death pp Moragne v. States Marine Lines, Inc. (1970), Selders v. Armentrout (1973), Punitive Damages pp Cheatham v. Pohle (2003), State Farm Mutual Automobile Ins. Co. v. Campbell (2003), Chapter 6. Defenses - 7 -

8 11/10 1. Contributory Negligence & Comparative Negligence pp Butterfield v. Forrester (1809), Davies v. Mann (1842), 591. McIntyre v. Balentine (1992), Assumption of Risk pp Seigneur v. National Fitness Institute, Inc. (2000), Rush v. Commercial Realty Co. (1929), 607. Blackburn v. Dorta (1977), /11 Holiday: Veterans Day! 11/12 3. Immunities: Family pp Freehe v. Freehe (1972), Renko v. McLean (1997), Immunities: State and Local Governments pp Ayala v. Philadelphia Board of Public Education (1973), Riss v. New York (1968), DeLong v. Erie County (1982), /16 5. Immunities: Federal Government and Public Officers pp Supp. Deuser v. Vecera (1998), Week 8 6. Review of Chapters 5 & 6 PART V. SCOPE OF LIABILITY 11/17 Chapter 7. Strict Liability 1. Abnormally Dangerous Activities pp Rylands v. Fletcher (1865), Miller v. Civil Constructors, Inc. (1995), Limitations pp Foster v. Preston Mill Co. (1954), Golden v. Amory (1952), Sandy v. Bushey (1925), /18 Speaker Series or Class Exercise Chapter 8. Vicarious Liability 11/19 1. Respondeat Superior pp Bussard v. Minimed, Inc. (2003), O Shea v. Welch (2003), Independent Contractors pp Murrell v. Goertz (1979), Maloney v. Rath (1968), Chapter 9. Nuisance Week 9 11/23 1. Private Nuisance pp Philadelphia Electric Company v. Hercules, Inc. (1985), Morgan v. High Penn Oil Co. (1953),

9 2. Public Interests and Nuisance pp Boomer v. Atlantic Cement Co., Inc. (1970), Spur Industries, Inc. v. Del E. Webb Development Co. (1972), /24 3. Nuisance and Global Warming 4. Review Chapters 7-9. Supp. State of Connecticut et al. v. American Electric Power Company, Inc., et al. (2nd Cir., September 21, 2009). 11/25 Speaker Series: Environmental Law and Torts 11/26 Holiday: Thanksgiving! 11/30 Chapter 10. Product Liability 1. Theories of Recovery: Negligence and Warranties Week 10 pp MacPherson v. Buick Motor Co. (1916), 719. Henningsen v. Bloomfield Motors, Inc. (1960), Theories of Recovery: Strict Liability pp Greenman v. Yuba Power Products, Inc. (1963). 12/01 3. Defects in Manufacturing & Design pp Rix v. General Motors Corp. (1986), Prentis v. Yale Mfg. Co. (1984), O Brien v. Muskin Corp. (1983), Warnings Defect pp Anderson v. Owens-Corning Fiberglas Corp. (1991), /02 Speaker Series: Professor Patricia Kuszler, on Medical Malpractice Litigation and Torts 12/03 5. Defenses: Plaintiff s Conduct pp Daly v. General Motors Corp. (1978) Ford Motors Co. v. Matthews (1974), Government Actions pp Medtronic, Inc. v. Lohr (1996), /07 12/08 12/09 Week Joint Liability pp Peterson v. Lou Bachrodt Chevrolet Co. (1975), Review of Chapters 10. Review Review Q&A. Last Day of Instruction. Good luck with the finals! Final exam is scheduled on December 16, 2009,, at 1:00 pm