Negligence Prima Facie Case. D owed P a Legal Duty Breach of Duty Actual Damages Factual Cause Proximate Cause
|
|
- Judith McDowell
- 5 years ago
- Views:
Transcription
1 Negligence Prima Facie Case D owed P a Legal Duty Breach of Duty Actual Damages Factual Cause Proximate Cause
2 Duty of Care The duty owed by all people generally the standard of care they owe is to exercise the care that would be exercised by a reasonable and prudent person under the same or similar circumstances to avoid or minimize risks of harm to others.... Dobbs
3 Degree of Care Required Low-Risk Scenario High-Risk Scenario Beach Bum Reasonable and Prudent Person Worry Wart
4 Stewart Jury Instructions [Negligence is] the absence of ordinary care.... Ordinary care is the care a reasonably prudent person would use under the circumstances presented in this case.... What constitutes ordinary care varies according to the particular circumstances and conditions existing then and there. The amount of care required by law must be in keeping with the degree of danger involved.
5 Duty of Care The duty owed by all people generally the standard of care they owe is to exercise the care that would be exercised by a reasonable and prudent person under the same or similar circumstances to avoid or minimize risks of harm to others.... Dobbs
6 Emergency Circumstances Wisest Unwise Option 1 Option 2 Option 3
7 Posas Timeline D following too closely D rear-ends P P stops short to avoid hitting pedestrian
8 Posas Jury Instructions A person confronted with a sudden emergency which he does not create, who acts according to his best judgment or, because of insufficient time to form a judgment fails to act in the most judicious manner, is not guilty of negligence if he exercises the care of a reasonably prudent person in like circumstances.
9 Wisest Emergency Circumstances Reasonable Actions JURY WRONGLY THINKS EXCUSED Unreasonable Actions Unwise Option 1 Option 2 Option 3
10 JURY WRONGLY FAILS TO CONSIDER EARLIER NEGLIGENCE Posas Timeline D following too closely D rear-ends P P stops short to avoid hitting pedestrian
11 Emergency Circumstances Reasonable and Prudent Person Reasonable Actions Unreasonable Actions Wisest Unwise Option 1 Option 2 Option 3
12 Visually-impaired D drives car Hits tire, which then strikes P Fails to see tire in road
13 Justifications for Creasy Rule 1) When allocating a loss between 2 innocent parties, pick the one causing the loss 2) Rule gives caregivers incentives to prevent harm and restrain the mentally disabled 3) Removes inducement for defendants to fake a mental disability 4) Avoids administrative problems w/ courts/juries assessing actor s mental disability 5) Fair to force persons w/ mental disabilities to pay for the damages they do if they live in world given the likelihood they will engage in substandard conduct 6) Reflects public policy preference to treat mentally disabled individuals the same as the non-mentally disabled
14 Negligence Prima Facie Case D owed P a Legal Duty Not met if under state law, young children deemed incapable of negligence Breach of Duty Actual Damages Factual Cause Proximate Cause
15 Negligence Per Se: Impact on Prima Facie Case (Majority Approach) D owed P a Legal Duty Duty = whatever the statute says D must or must not do (vs. ordinary care) Breach of Duty Violation of statute establishes breach of duty Question for jury = whether D violated statute (vs. what would reasonable and prudent person have done) Actual Damages Factual Cause Proximate Cause
16 Negligence Per Se: Impact on Prima Facie Case (Minority Approach) D owed P a Legal Duty Duty = ordinary care Breach of Duty Question for jury = what would reasonable and prudent person have done Violation of statute is evidence D did not exercise ordinary care Actual Damages Factual Cause Proximate Cause
17 Elements Negligence Per Se 1. The statute/regulation clearly defines required standard of conduct; 2. The statute/regulation is intended to prevent type of harm D caused; 3. P member of class of persons statute/regulation designed to protect; 4. Violation of statute/regulation is a proximate cause of injury.
18 Dog Warden Hypo Zouston s local ordinance provides that the city dog warden must impound any dog that bites a human being. The warden receives a report that Sparky, a feisty pit bull, has bitten a neighbor. Sparky s owners convince the dog warden not to impound Sparky, promising that he will never bite someone again. Later that day Sparky takes a nap in Mrs. Jones s garden, ruining her prize-winning petunias. Mrs. Jones sues the dog warden for negligence. Will the court apply the negligence per se doctrine?
19 Negligence Per Se -- Excuses Incapacity Restatement (Second) Neither know/should know occasion for compliance Unable to comply after reasonable diligence Restatement (Third) Reasonable given actor s childhood or physical disability/incapacitation Neither knows/should know of the factual circumstances that render statute applicable Same Emergency not of actor s own making Compliance imposes greater risk to self or others Same Noncompliance due to confusing way requirements presented to public
20 State law provides that pedestrians walking on a roadway should walk on the left side so as to permit all vehicles passing them in either direction to pass on their right. After observing heavy traffic travelling in the eastward direction and very few cars travelling in the westward direction, P decides to walk on the roadway in the westward direction, which is the right side of the road. P is struck by D, a drunk driver who was travelling westward. D asserts that P was contributorily negligent, arguing that P was negligent per se because he violated state law. Which of the following is most correct? A. P is not negligent per se if few pedestrians comply with the law B. P is not negligent per se because his action is an excused violation of the statute C. P is not negligent per se if the jury concludes he acted as a reasonable and prudent person would act under similar circumstances D. P is negligent per se because he cannot assert any possible justification for his actions
SUDDEN MEDICAL EMERGENCY DEFENSE IN PENNSYLVANIA MARGOLIS EDELSTEIN
SUDDEN MEDICAL EMERGENCY DEFENSE IN PENNSYLVANIA William R. Haushalter PHILADELPHIA OFFICE 170 S. Independence Mall West The Curtis Center, Suite 400E Philadelphia, PA 19106-3337 215-922-1100 HARRISBURG
More informationAnglo-American Contract and Torts. Prof. Mark P. Gergen. 11. Scope of Liability (Proximate Cause)
Anglo-American Contract and Torts Prof. Mark P. Gergen 11. Scope of Liability (Proximate Cause) 1) Duty/Injury 2) Breach 3) Factual cause 4) Legal cause/scope of liability 5) Damages Proximate cause Duty
More informationANSWER A TO QUESTION 3
Question 3 Roofer contracted with Hal to replace the roof on Hal s house. The usual practice among roofers was to place tarpaulins on the ground around the house to catch the nails and other materials
More informationHankerson v Harris-Camden Term. Equip. Inc 2018 NY Slip Op 32764(U) October 26, 2018 Supreme Court, New York County Docket Number: /2018 Judge:
Hankerson v Harris-Camden Term. Equip. Inc 2018 NY Slip Op 32764(U) October 26, 2018 Supreme Court, New York County Docket Number: 153054/2018 Judge: Adam Silvera Cases posted with a "30000" identifier,
More informationNegligence: Elements
Negligence: Elements 1) Duty: The defendant must owe a duty to the plaintiff to avoid causing the harm that was eventually caused. 2) Breach: The defendant must have breached this duty by acting unreasonably
More informationBaity v Burke 2019 NY Slip Op 30702(U) March 20, 2019 Supreme Court, Kings County Docket Number: /2017 Judge: Debra Silber Cases posted with a
Baity v Burke 2019 NY Slip Op 30702(U) March 20, 2019 Supreme Court, Kings County Docket Number: 501025/2017 Judge: Debra Silber Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),
More informationREPORTED OF MARYLAND. No. 751
REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 751 September Term, 2001 JOSE ANDRADE v. SHANAZ HOUSEIN, ET AL. Murphy, C.J., Sonner, Getty, James S. (Ret'd, Specially Assigned), JJ. Getty, J.
More informationCAUSE NUMBER DC H. DEBORAH BROCK AND IN THE DISTRICT COURT CHRIS BROCK Plaintiffs
CAUSE NUMBER DC-09-0044-H DEBORAH BROCK AND IN THE DISTRICT COURT CHRIS BROCK Plaintiffs vs. MELVIN WAYNE MANSFIELD; DALLAS COUNTY, TEXAS DISTRIBUTION TRANSPORTATION SERVICES COMPANY; DTS TRUCK DIVISION
More informationIN THE CIRCUIT COURT OF CLAY COUNTY, LIBERTY, MISSOURI. Case No. Division
IN THE CIRCUIT COURT OF CLAY COUNTY, LIBERTY, MISSOURI SALLY G. HURT, City, State, ZIP And SUSAN G. HURT, City, Street, ZIP Case No. Division Plaintiffs, v. JOHN DOE Serve at: City, State, Zip Defendant.
More informationIN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 0 0 MADHURI R. DEVARA and SUNIL KUMAR SAVARAM, individually and the marital community composed thereof, vs. Plaintiffs, MV
More informationPARENTAL CONSENT FOR ABORTION ACT
291 PARENTAL CONSENT FOR ABORTION ACT HOUSE/SENATE BILL No. By Representatives/Senators Section 1. Short Title. This Act may be cited as the Parental Consent for Abortion Act. Section 2. Legislative Findings
More informationAPPENDIX E. MINORITY REPORT 7.7 Manslaughter
APPENDIX E MINORITY REPORT 7.7 Manslaughter Bart Schneider Member, Committee on Standard Jury Instructions in Criminal Cases Assistant State Attorney, Seventh Judicial Circuit Committee on Standard Jury
More informationQuestion 1. Under what theory or theories might Paul recover, and what is his likelihood of success, against: a. Charlie? b. KiddieRides-R-Us?
Question 1 Twelve-year-old Charlie was riding on his small, motorized 3-wheeled all terrain vehicle ( ATV ) in his family s large front yard. Suddenly, finding the steering wheel stuck in place, Charlie
More informationCASE NO. 1D Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellant.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA STATE OF FLORIDA, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-0172
More informationPACE UNIVERSITY SCHOOL OF LAW. Practice Questions
PACE UNIVERSITY SCHOOL OF LAW Practice Questions Time: 30 minutes November 26, 2007 This examination consists of five multiple choice questions, unrelated to each other except as specifically indicated.
More informationTORTS SPECIFIC TORTS NEGLIGENCE
TORTS A tort is a private civil wrong. It is prosecuted by the individual or entity that was wronged against the wrongdoer. One aim of tort law is to provide compensation for injuries. The goal of the
More informationFall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1
Professor DeWolf Torts I Fall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1 This case is based upon McLeod v. Cannon Oil Corp., 603 So.2d 889 (Ala. 1992). In that case the court reversed
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LEONARD TANIKOWSKI, Plaintiff-Appellant, UNPUBLISHED August 9, 2016 v No. 325672 Macomb Circuit Court THERESA JACISIN and CHRISTOPHER LC No. 2013-004924-NI SWITZER, Defendants-Appellees.
More informationCONDENSED OUTLINE FOR TORTS I
Condensed Outline of Torts I (DeWolf), November 25, 2003 1 CONDENSED OUTLINE FOR TORTS I [Use this only as a supplement and corrective for your own more detailed outlines!] The classic definition of a
More information.., cc r:. nj'~ fl. t J
STATE OF MAINE SUPERIOR COURT C, r -,.- --. 1 CUMBERLAND, ss..._, l (.,.,..::,\/ C1VIL ACTION SHARON RAMSAY, V. Plaintiff SCOTT DUBE pro ami MADDISON DUBE, a minor child, SCOTT DUBE, SHEILA DUBE, and ALYSSIA
More informationIn the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday the 30th day of October, 2009.
VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday the 30th day of October, 2009. Joanna Renee Browning, Appellant, against Record No. 081906
More informationROY L. REARDON AND MARY ELIZABETH MCGARRY * SIMPSON THACHER & BARTLETT LLP
NEW YORK COURT OF APPEALS ROUNDUP: COMPELLED PRODUCTION OF HIPPA-COMPLIANT AUTHORIZATIONS, ABSENCE OF TORT DUTY, AND DISORDERLY CONDUCT ROY L. REARDON AND MARY ELIZABETH MCGARRY * SIMPSON THACHER & BARTLETT
More informationv. DECISION AND ORDER Ths matter is before the court on Defendant Jessica Chrysler's motion for
STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-04-212 TALLINE BLAKESLEE, Plaintiff v. DECISION AND ORDER JESSICA A. CHRYSLER, et al., Defendants Ths matter is before the court on
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS RONALD BOREK, Plaintiff-Appellant, UNPUBLISHED September 29, 2011 v No. 298754 Monroe Circuit Court JAMES ROBERT HARRIS and SWIFT LC No. 09-027763-NI TRANSPORTATION,
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ROBERT RICHARDSON and JEAN RICHARDSON, Plaintiffs-Appellees, FOR PUBLICATION April 12, 2007 9:05 a.m. v No. 274135 Wayne Circuit Court ROCKWOOD CENTER, L.L.C., LC No.
More informationSocial-Work-Board PACE. NFPA Paralegal Advanced Competency Exam.
Social-Work-Board PACE NFPA Paralegal Advanced Competency Exam http://killexams.com/pass4sure/exam-detail/pace Question: 53 Homer is paralegal working for the Law Office of Marge Simpson. Ms. Simpson is
More informationFor Preview Only - Please Do Not Copy
Information or instructions: Plaintiff's original petition-auto accident 1. The following form may be used to file a personal injury lawsuit. 2. It assumes several plaintiffs were rear-ended by an employee
More informationIN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION
Case 4:16-cv-00272-HLM Document 1 Filed 09/12/16 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION BOBBY JORDAN and SHERRI BELL, INDIVIDUALLY and AS CO- ADMINISTRATORS
More informationFeinberg v Kruta 2019 NY Slip Op 30139(U) January 16, 2019 Supreme Court, New York County Docket Number: /2015 Judge: Adam Silvera Cases posted
Feinberg v Kruta 2019 NY Slip Op 30139(U) January 16, 2019 Supreme Court, New York County Docket Number: 152646/2015 Judge: Adam Silvera Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),
More informationIN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE * * * *
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE * * * * JANE HEALY, Plaintiff, CASE NO.: CR09-100 vs. DEPT. NO.: 1 CHARLES RAYMOND, an individual, ALLEGRETTI
More informationTorts - Contributory Negligence as a Matter of Law - Auto Collisions in Smoke, Fog, and Dust
Louisiana Law Review Volume 28 Number 4 June 1968 Torts - Contributory Negligence as a Matter of Law - Auto Collisions in Smoke, Fog, and Dust Harry M. Zimmerman Jr. Repository Citation Harry M. Zimmerman
More informationCOLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2015COA63 Court of Appeals No. 14CA0727 Weld County District Court No. 11CV107 Honorable Daniel S. Maus, Judge John Winkler and Linda Winkler, Plaintiffs-Appellants, v. Jason
More informationTitle 5 Traffic Code Chapter 2 Criminal Traffic Code
Title 5 Traffic Code Chapter 2 Criminal Traffic Code Sec. 5-01.010 Title 5-02.020 Authority 5-02.030 Definitions 5-02.040 Applicability of Criminal Procedures Subchapter I - Traffic Offenses 5-02.050 Failure
More informationProfessional Liability for Engineers. Presented by: Bill Henn Attorney Henn Lesperance PLC
Professional Liability for Engineers Presented by: Bill Henn Attorney Henn Lesperance PLC Broad Strokes Overview Professional Liability Generally Legal Elements of an Engineering Liability Lawsuit Governmental
More informationPresent: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ.
Present: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ. Lacy, MEGAN D. CLOHESSY v. Record No. 942035 OPINION BY JUSTICE HENRY H. WHITING September 15, 1995 LYNN M. WEILER FROM
More informationAPPENDIX B. 7.7 MANSLAUGHTER , Fla. Stat.
APPENDIX B 7.7 MANSLAUGHTER 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. (Victim) is dead. Give 2a, 2b, or 2c depending
More information1. Duty, Breach, and the Meaning of Negligence
Law 580: Torts Section 1 September 17, 2015 Assignment for September 15, 16, 17: Casebook pages 97-137, 141-162 Chapter 3: the Breach Element 1. Duty, Breach, and the Meaning of Negligence Myers v. Heritage
More information208.81F ASSAULT ON AN OFFICER AND SIMPLE ASSAULT ARREST SITUATIONS (ALL ISSUES IN DISPUTE).
Page 1 of 14 208.81F ASSAULT ON AN OFFICER AND SIMPLE ASSAULT ARREST SITUATIONS (ALL ISSUES IN DISPUTE). NOTE WELL: See N.C.P.I. 208.80 for an index to other factual situations involving assaults on arresting
More informationFALL 2003 December 11, 2003 FALL EXAM SAMPLE ANSWER
TORTS I PROFESSOR DEWOLF FALL 2003 December 11, 2003 FALL EXAM SAMPLE ANSWER QUESTION 1 The facts for this question were based upon Brown v. Michigan Bell Telephone, Inc., 225 Mich.App. 617, 572 N.W.2d
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 31, 2002
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 31, 2002 LANA MARLER, ET AL. v. BOBBY E. SCOGGINS Appeal from the Circuit Court for Rhea County No. 18471 Buddy D. Perry, Judge
More informationIN THE COURT OF SPECIAL APPEALS OF MARYLAND. September Term, 2004 ANGELINA SOMMERMAN, DEBORAH SCHUBERT TITLEMAN, et al., No. 2020
IN THE COURT OF SPECIAL APPEALS OF MARYLAND September Term, 2004 ANGELINA SOMMERMAN, v. Appellant, DEBORAH SCHUBERT TITLEMAN, et al., Appellees No. 2020 Appeal from the Circuit Court for Baltimore County
More informationQuestion 1. On what theory or theories might damages be recovered, and what defenses might reasonably be raised in actions by:
Question 1 A state statute requires motorcyclists to wear a safety helmet while riding, and is enforced by means of citations and fines. Having mislaid his helmet, Adam jumped on his motorcycle without
More informationDC PLAINTIFFS' ORIGINAL PETITION COME NOW, PLAINTIFFS DEE VOIGT, INDIVIDUALLY AND AS
4-CIT/CERT MAIL CAUSE NO. DC-17-02842 FILED DALLAS COUNTY 3/8/2017 4:47:47 PM FELICIA PITRE DISTRICT CLERK Jesse Reyes Dee Voigt, Individually and as Representative of the Estate of Peggy Hoffman, Deceased,
More informationv No Oakland Circuit Court
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PHILLIP PETER ORZECHOWSKI, Plaintiff-Appellant, UNPUBLISHED September 20, 2018 v No. 340085 Oakland Circuit Court YOLANDA ORZECHOWSKI, LC No. 2016-153952-NI
More informationCALIFORNIA ESSAY WRITING WORKSHOP PROFESSOR CHRISTOPHER IDE-DON UC DAVIS SCHOOL OF LAW
CALIFORNIA ESSAY WRITING WORKSHOP PROFESSOR CHRISTOPHER IDE-DON UC DAVIS SCHOOL OF LAW CHAPTER 1: INTRODUCTION A. Bar Exam Basics Editor's Note 1: The Professor refers to specific page numbers throughout
More informationAssessing Psychiatric Injury and the New CTP Regime. Presented by Luke Gray Partner - Finlaysons
Assessing Psychiatric Injury and the New CTP Regime Presented by Luke Gray Partner - Finlaysons SA CTP Scheme OLD SCHEME MVA s on or before 30 June 2013. NEW OR CURRENT SCHEME MVA s on or after 1 July
More informationThe section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a
The section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a Creative Commons Attribution- NonCommercial-ShareAlike 3.0
More informationSafety & Liability Does pursuit of safety expose an agency to liability? liability for action liability for inaction liability for trying something ne
Liability and Complete Streets Safety & Liability Does pursuit of safety expose an agency to liability? liability for action liability for inaction liability for trying something new Safety Driven by Profession
More informationSUMMER 2002 July 15, 2002 MIDTERM EXAM SAMPLE ANSWER
TORTS I PROFESSOR DEWOLF SUMMER 2002 July 15, 2002 MIDTERM EXAM SAMPLE ANSWER QUESTION 1 The facts for this question were based upon Aldana v. School City of East Chicago, 769 N.E.2d 1201 (Ind.App. 2002),
More informationNON EST FACTUM SOME RECENT DEVELOPMENTS (Based on Gallie v. Lee and appeals)*
NON EST FACTUM SOME RECENT DEVELOPMENTS (Based on Gallie v. Lee and appeals)* THE COMMON law doctrine of non est factum the plea by which a man sought to be charged in some action or proceeding upon a
More informationTorts Fall 2007, Professor David Fischer Intentional Interference with Person or Property A. INTENT Definition of Intent
Torts Fall 2007, Professor David Fischer Intentional Interference with Person or Property A. INTENT Definition of Intent o to establish intent one must either act with the intent/purpose to bring about
More informationCOMMONWEALTH OF PA : No. CR : vs. : : Petition for Habeas Corpus SHAWN RHINEHART, : RE: Counts 6 and 7 Defendant OPINION AND ORDER
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA COMMONWEALTH OF PA : No. CR-1551-2017 : vs. : : Petition for Habeas Corpus SHAWN RHINEHART, : RE: Counts 6 and 7 Defendant OPINION AND ORDER
More informationSTATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW
STATE OF TEXAS TRANSPORTATION COMPENDIUM OF LAW Greg C. Wilkins Christopher A. McKinney Orgain Bell & Tucker, LLP 470 Orleans Street P.O. Box 1751 Beaumont, TX 77704 Tel: (409) 838 6412 Email: gcw@obt.com
More informationLiability for Injuries Caused by Dogs. Jonathan Owen
Liability for Injuries Caused by Dogs Jonathan Owen Introduction 1. This article addressed the liability for injuries caused by dogs, such as when a person is bitten, or knocked over by a dog. Such cases,
More informationU.S. Supreme Court Rules that Officers Can Use Force To Stop a Fleeing Vehicle. What Does It Mean for Michigan Law Enforcement?
If you have not done so already, please e-mail leaf@mml.org with the following information, so you can receive the electronic version of the LEAF Newsletter: Your name Position The name of the municipal
More informationGeorge Mason University School of Recreation, Health & Tourism Court Reports STOCKTON v. A WORLD OF HOPE CHILDCARE LEARNING CTR.
ADA CLAIM FOR INABILITY TO LIFT WITHOUT ASSISTANCE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA 484 F. Supp. 2d 1304 April 20, 2007 [Note: Attached opinion of the court has been edited
More informationSOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II:
SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II: In the next 2 classes we will consider: (i) Canadian constitutional mechanics; (ii) Types of law; (iii)
More informationESPINOZA V. SCHULENBURG: ARIZONA ADOPTS THE RESCUE DOCTRINE AND FIREFIGHTER S RULE
ESPINOZA V. SCHULENBURG: ARIZONA ADOPTS THE RESCUE DOCTRINE AND FIREFIGHTER S RULE Kiel Berry INTRODUCTION The rescue doctrine permits an injured rescuer to recover damages from the individual whose tortious
More informationProfessor DeWolf Summer 2014 Torts August 18, 2014 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE
Professor DeWolf Summer 2014 Torts August 18, 2014 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE 1. (a) Is incorrect, because from Dempsey s perspective the injury was not substantially certain to occur.
More informationDISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW
DISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW Tamara B. Goorevitz Franklin & Prokopik, P.C. 2 North Charles Street Suite 600 Baltimore, MD 21201 Tel: (410) 230 3625 Email: tgoorevitz@fandpnet.com
More informationCourt of Claims of Ohio
[Cite as Day v. Ohio Dept. of Transp., Dist. 8, 2011-Ohio-6906.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us
More informationCircuit Court for St. Mary s County Case No. 18-C UNREPORTED
Circuit Court for St. Mary s County Case No. 18-C-16-001362 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 01907 September Term, 2017 DAVID WILSON v. JOSEPH BLAIN Graeff, Shaw Geter, Harrell,
More informationCustomer will bring an action against Businessman under a negligence theory.
Customer (C) v. Businessman (B) Customer will bring an action against Businessman under a negligence theory. Negligence requires a Breach of a Duty that Causes Damages. A. Duty B had a duty to drive as
More informationTammany v Demetrius 2014 NY Slip Op 33513(U) June 3, 2014 Supreme Court, Rockland County Docket Number: /2013 Judge: Margaret Garvey Cases
Tammany v Demetrius 2014 NY Slip Op 33513(U) June 3, 2014 Supreme Court, Rockland County Docket Number: 031675/2013 Judge: Margaret Garvey Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op
More informationIN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KAREN L. PIPER, ) ) Plaintiff, ) CIVIL ACTION NO. ) vs. ) ) JURY TRIAL DEMANDED CITY OF PITTSBURGH; ) JOHN DOE NO. 1 of the
More informationCriminal Justice: A Brief Introduction Twelfth Edition
Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes
More informationCase 1:13-cv RJJ Doc #1 Filed 12/27/13 Page 1 of 7 Page ID#1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Case 1:13-cv-01374-RJJ Doc #1 Filed 12/27/13 Page 1 of 7 Page ID#1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TYRONE ALLEN, LORIANNE STEVENS, and RAYVAR WILLIAMS,
More informationRodriguez v City of New York 2014 NY Slip Op 33650(U) October 16, 2014 Supreme Court, New York County Docket Number: /2011 Judge: Kathryn E.
Rodriguez v City of New York 2014 NY Slip Op 33650(U) October 16, 2014 Supreme Court, New York County Docket Number: 109444/2011 Judge: Kathryn E. Freed Cases posted with a "30000" identifier, i.e., 2013
More informationSUPCR 1106 FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPCR 1106 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional) SUPERIOR COURT OF
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Torts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Manufacturer designed and manufactured
More informationMODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS.
Page 1 of 9 208.81 MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS. NOTE WELL: This instruction is to be used as a model instruction for this offense. It incorporates all of the
More informationLAWS1100 Final Exam Notes
LAWS1100 Final Exam Notes Topic 4&5: Tort Law and Business (*very important) Relevant chapter: Ch.3 Applicable law: - Law of torts law of negligence (p.74) Torts (p.70) - The word tort meaning twisted
More informationWawanesa Mutual Ins. Co. v. Matlock,
TORTS I PROFESSOR DEWOLF FALL 2002 December 17, 2002 MIDTERM EXAM SAMPLE ANSWER QUESTION 1 The facts for this question (except for the death of the firefighter) were based upon Wawanesa Mutual Ins. Co.
More informationPage 1 of 10 N.C.P.I. MOTOR VEHICLE TABLE OF CONTENTS MOTOR VEHICLE VOLUME REPLACEMENT JUNE 2017 TABLE OF CONTENTS PREFACE INTRODUCTION
Page 1 of 10 TABLE OF CONTENTS PREFACE INTRODUCTION GUIDE TO THE USE OF THIS BOOK SIGNIFICANT NEW DEVELOPMENTS NORTH CAROLINA PATTERN JURY INSTRUCTIONS FOR MOTOR VEHICLE NEGLIGENCE CASES: *Dates the instructions
More informationANSWER A TO ESSAY QUESTION 5
ANSWER A TO ESSAY QUESTION 5 Sally will bring products liability actions against Mfr. based on strict liability, negligence, intentional torts and warranty theories. Strict Products Liability A strict
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Torts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Autos, Inc. manufactures a two-seater
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LAWRENCE LOVELAND, Plaintiff-Appellant, UNPUBLISHED November 18, 2008 v No. 278497 Kent Circuit Court SPECTRUM HEALTH, SPECTRUM HEALTH LC No. 05-012014-NO HOSPITAL, and
More informationCase study OLA Why was his claim under OLA 1957 rejected? 2. What was the alternative claim? 3. What did the first court decide?
Case study OLA 1957 In Poppleton v Trustees of the Portsmouth Youth Activities Committee 2008, a man fell and was badly injured while at an indoor climbing premises. He claimed under both the OLA 1957
More informationJ U D G M E N T CRIMINAL APPEAL NO OF 2007 (Arising out of S.L.P (Crl.) No.4805 of 2006) Dr. ARIJIT PASAYAT, J.
Supreme Court of India Naresh Giri vs State Of M.P on 12 November, 2007 Author:. A Pasayat Bench: Dr. Arijit Pasayat, P. Sathasivam CASE NO.: Appeal (crl.) 1530 of 2007 PETITIONER: Naresh Giri RESPONDENT:
More informationGENE ROBERT HERR, II OPINION BY v. Record No JUSTICE LAWRENCE L. KOONTZ, JR. September 15, 2006 FRANCES STUART WHEELER
Present: All the Justices GENE ROBERT HERR, II OPINION BY v. Record No. 051825 JUSTICE LAWRENCE L. KOONTZ, JR. September 15, 2006 FRANCES STUART WHEELER FROM THE CIRCUIT COURT OF ALBEMARLE COUNTY Paul
More informationNEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:
NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION June 4, 2015 9:00 a.m. v No. 322808 Washtenaw Circuit Court JOSHUA MATTHEW PACE, LC No. 14-000272-AR
More informationCase 2:13-cv BJR Document 24 Filed 05/23/14 Page 1 of 9
Case :-cv-00-bjr Document Filed 0// Page of Honorable Barbara J. Rothestein 0 JAMES R. HAUSMAN, vs. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Plaintiff, HOLLAND AMERICA LINE
More informationFall 1995 December 15, 1995 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1
Professor DeWolf Torts I Fall 1995 December 15, 1995 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1 The facts for Question 1 are taken from Stewart v. Ryan, 520 N.W.2d 39 (N.D. 1994), in which the court reversed
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS BRIAN BENJAMIN STACEY, Plaintiff-Appellant, UNPUBLISHED December 15, 2011 v No. 300955 Kalamazoo Circuit Court COLONIAL ACRES ASSOCIATES, L.L.C. and LC No. 2009-000382-NO
More informationCASE NO. C O M P L A I N T. Attorney, and sues the Defendants, JUSTIN BIEBER ( BIEBER } and HUGO HESNY
Electronically Filed 06/09/2013 04:54:46 PM ET IN THE CIRCUIT COURT OF THE 11 th JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA JEFFREY BINION, CASE NO. JUDGE: v. Plaintiff, JUSTIN BIEBER and
More informationAnswer A to Question 4
Question 4 A residence hall on the campus of University was evacuated after a number of student residents became seriously ill from aerial dispersal of bacteria that had infested the air conditioning system.
More informationCOMPLAINT AND JURY DEMAND
Kimberly Ray District Court, El Paso County, State of Colorado El Paso County Combined Courts 270 South Tejon Colorado Springs Co 80901 Plaintiff: Lola Anderson v. Defendant: Joseph Burton Attorneys for
More informationAC : ENGINEERING MALPRACTICE: AVOIDING LIABILITY THROUGH EDUCATION
AC 2007-1436: ENGINEERING MALPRACTICE: AVOIDING LIABILITY THROUGH EDUCATION Martin High, Oklahoma State University Marty founded and co-directs the Legal Studies in Engineering Program at Oklahoma State
More informationTorts - Last Clear Chance Doctrine As Humanitarian Rule
William and Mary Review of Virginia Law Volume 1 Issue 2 Article 7 Torts - Last Clear Chance Doctrine As Humanitarian Rule Robert E. Cook Repository Citation Robert E. Cook, Torts - Last Clear Chance Doctrine
More informationCLOSING INSTRUCTIONS. this case. As I mentioned at the beginning of the trial, you must keep an open
CLOSING INSTRUCTIONS I. GENERAL CLOSING INSTRUCTIONS Members of the jury, it is now time for me to tell you the law that applies to this case. As I mentioned at the beginning of the trial, you must keep
More informationCED: An Overview of the Law
Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):
More informationTHE LAW PROFESSOR TORT LAW ESSAY SERIES ESSAY QUESTION #3 MODEL ANSWER
THE LAW PROFESSOR TORT LAW ESSAY SERIES ESSAY QUESTION #3 MODEL ANSWER Carol stopped her car at the entrance to her office building to get some papers from her office. She left her car unlocked and left
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No. 679 WDA 2012
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 JOY L. DIEHL AND STEVEN H. DIEHL, HER HUSBAND, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellants J. DEAN GRIMES A/K/A DEAN GRIMES, v. Appellee
More informationSupreme Court of Florida
Supreme Court of Florida No. SC06-909 IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO. 2006-1. PER CURIAM. [December 21, 2006] The Supreme Court Committee on Standard Jury Instructions in Criminal
More informationSupreme Court of Florida
Supreme Court of Florida LABARGA, J. No. SC09-2238 MARIA CEVALLOS, Petitioner, vs. KERI ANN RIDEOUT, et al., Respondents. [November 21, 2012] Maria Cevallos seeks review of the decision of the Fourth District
More informationSHORT FORM ORDER TRIAL/IAS PART 37. Plaintiff NASSAU COUNTY INDEX NO MOTION SEQUENCE:
SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK PRESENT: HON. VICTOR M. ORT Justice YVONNE EVERIDGE Plaintiff -against - METROPOLITAN SUBURBAN BUS AUTHORITY JAMES WILLIAMS AND LONG-GUI WANG Defendants
More informationAutomobiles - Relative Duty of Pedestrians and Drivers
William and Mary Review of Virginia Law Volume 1 Issue 1 Article 5 Automobiles - Relative Duty of Pedestrians and Drivers Wesley R. Cofer Jr. Repository Citation Wesley R. Cofer Jr., Automobiles - Relative
More informationSTAND YOUR GROUND Provision in Chapter 776, FS Justifiable Use of Force
STAND YOUR GROUND Provision in Chapter 776, FS Justifiable Use of Force The cardinal rule which the courts follow in interpreting the statute is that it should be construed so as to ascertain and give
More informationSTATE OF VERMONT BENNINGTON COUNTY, ss.
Francoeur v. Allen, No. 95-3-04 Bncv (Carroll, J., Dec. 6, 2004) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the
More information