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ADM Partnership
Assumption of Risk: Volunteer UPS slips on homeowner's icy sidewalk, AoR
Prox. Cause: Another's Neg. D injures P, another person collides with ambulance negligently. D is liable for all P's injuries, just like he'd be for neg. Dr.
Res Ipsa Loquitor: MedMal P is partially paralyzed after cortisonce injections. RIL was allowed w/o expert. WRONG: this is not RIL worthy
Res Ipsa Loquitor: Directd verdict Car comes free from tow-truck and hits oncoming car, jury found for D. DV only is very obvious cases
Res Ipsa Loquitor: Exclusive Control Folding chair collapses; homeowner responsible even though P had exclusive control at the time
Proximate Cause P was negligent, but this had no bearing on the tree falling on his car. Wrong place, wrong time. CN needs cause too.
Prox. Cause: Criminal D neg. in placing phone booth so close to road, liable for injuries to P hit by car in booth
Comparative Negligence in Intentional Torts Intentional acts are not different in kind
Blyth v. Birmingham
Hand Formula: B < PL D is not liable for broken pipes underground b/c probability is neglible
Boeing v. Cascade
Actual Cause: Concurrent All parties must pay for their pollution instead of waiting for one to do it all. Sometimes indivisible: (1) type (2) Time (3) What was dumped (4) How many Ds
Comparative Negligent: Partial Requires P no more at fault than 49.9999% (other states require no more than 50%)
Prox. Cause: Criminal Tenant liable for fire after arsonist burned a neg. stack of papers. (foreseeable)
Prox. Cause: Criminal D hits P's carriage knocking P out; people steal P's stuff while D watches. (foreseeable)
Brown v. Shyne
Neg. Per Se: Safety Statutes Lack of a driver's license does not make neg. more likely-Wells disagrees
Medical Standard: National Nationwide standard for board certified Dr.s
Bushey & Sons
Vicarious Liability Employee was close enough to place of employment for employer to be liable Now there is a motive test
Contributory Negligence P rides horse too fast and does not see D's logs in road. No recovery
Canterbury v. Spence
Informed Consent: reasonable Physician must disclose what is reasonable, not what is customary (UK). Reasonable causation test also. (would reasonable patient refuse treatment)
Cardozo-Traynor (Reynolds) Test
Actual Cause (a) negligentact was deemed wrongful b/c it increased the chances that a particular type of accident would occur, and (b) Mishapf of that sort occurred (c) D must then show no cause
Central of GA Railway
Prox. Cause: Unforeseeable results and forces Train passes woman's stop, puts her up in hotel where lamp burns her. Too remote to hold rail liable
Res Ipsa Loquitor: Directed Verdict Plance crashes w/o gas and w/ drunk pilot: DV appropriate
City of Lincoln
Prox. Cause: Dependent act D hits P's ship. P is another accident b/c D wiped out navigation system
P is hit by falling object from hotel; D is liable b/c of warning
Actual Cause: Loss of Chance If loss is under 50%, no recovery (preponderance)
Daniels v. Evans
Adult Standard: Car Children held to adult standard when driving
Actual Cause: Burden/Experts TJ determines if studies are similar and reliable enough to be admitted. (1) testability (2) prepared for litigation or journal? (3) Rate of error (4) General acceptance in community
Davies v. Mann
Contrib. Neg: Last Clear Chance Donkey in road. Even if neg. D had chance to avoid donkey
Assumption of Risk: Volunteer Cop slips on ice. Fireman's Rule. AoR
Adult Standard: Speedboat Children held to adult standard
Contributory Negligence: own prop. Seatbelt defense unfair. Maybe under Comparative?
Assumption of Risk: Knowledge P gets out of paddle boat despite warning not to; DV for D
Proximate Cause: Harm w/i Risk Car crushes dude b/c it was left on, station would only be liable if running car caused explosion
Proximate Cause: Harm w/i Risk Asbestos cover falls into vat of cyanide and explodes; not foreseeable (only spalshing was)
Eckert v. Long Island
Terry forumla Man believed he could save child on tracks without harming himself, his action was reasonable
Res Ipsa Loquitor: MedMal Electroshock therapy caused broken bones. Expert trumps RIL
Fletcher v. Aberdeen
Disabled Standard: Blind City must have protected open manhole from blind people
Ford v. Trident Fisheries
Actual Cause: But-for P drowned while lifeboat was on deck instead of hanging above water. No proof he would have been saved.
Actual Cause: Burden/Experts Generally accepted studies only (a) Reasonable # of quacks good (b) 1 genius bad
Prox. Cause: Suicide P commits suicide 7 months after accident which caused mental breakdown. Court required irresistible impulse
Fuller (last clear chance)
Contrib Neg: Last Clear Chance P is CN in being on RR trax, but D has last clear chance; inattentive P, D should've known
G.E. v. Joiner
Actual Cause: Burden/Experts TJ allowed to exclude studies. Employee exposed to PCBs, but PCB cancer study was terribly sketchy
Assumption of Risk: Adhesion If D is able to offer take it or leave deal, AoR exists. If D owes a duty of safe area, no AoR
Neg. Per Se D loses P's sheep; no neg per se b/c statute protected sheep from disease
Child Standard: Skiing Children held to peer standard
Actual Cause: But-for P fell off boat, no life preserver aboard, P drowned. No proof preserver would have saved him.
Contributory Negligence P neg. in not reporting un-safe condition to his boss, but no evidence boss would have fixed things (prox. cause)
Actual Cause: But-for D provided no life guard or sign indicating no lifeguard. This removed P's proof too. Burden to D.
Hammond v. Int'l
Neg. Per Se Only as evidence OSHA standard is used even though truck was manufacturered pre-statute
Adult Standard: Motorocycle Children held to adult standard
Actual Cause: Loss of Chance If loss is over 50%, damages are full
Hines v. Garrett
Prox. Cause: Criminal Activity Train passes woman's stop and makes her walk through bad neighborhood and she is raped twice, but soldier and hobo. Neg. b/c of this risk (foreseeable)
Actual Cause: Loss of Chance If loss is 46% chance, damages are 46% of loss
Prox. Cause: Another's Neg. D throws dynomite cap away, child takes home, parents should have known and taken away, child gives to another who blows up self. Neg. Mother breaks the chain
Actual Cause: Market Share L Liability based on national market share, D cannot get out by disproving causation
Adult Standard: Tractor Children held to adult standard
Kansas Pac. Ry.
Contributory Negligence: own prop. Train negligently emits sparks burns ahy 1.5 miles away b/c of neg. conditions of prop. No right to use land neg. like thise and reduce fortunes of others. No damages.
Kaye Test
Res Ipsa Loquitor Tests (1) Probability of injury given exercise of reasonable care is small (2) Probability of injury give reasonable care is smaller than probability of injury given negligence (3) Probability of injury give reasonable care is MUCH sm
Neg. Per Se D's oil lamp ignites oil vapors b/c it was too low in vio of statute, but statute was meant to make things visible. Neg per Se anyway
Actual Cause: Substantial factor P's home is burned down after two fires had joined together north of his home. D caused one of them. If one was natural no liability (not modern rule)
Actual Cause: But-for P falls of boat and drowns. Boat had subpar equipment; at least some evidence he would have been saved--> to jury
Contributory Negligence: Per Se P falls off scaffolding, employee immune
Contrib. Neg: Last Clear Chance Man run over by three subway cars, two alarms rang for first two cars, it was 3rd that killed him
Lama v. Boras
Custom: Medicine Duty is defined by custom
Assumption of Risk: At Work Axe maker complains about danger is told to quit or shut up; gets hurt. AoR
Prox. Cause: Independent Therapist misses child abuse, child is beaten again (foreseeable)
Res Ipsa Loquitor: exclusive control P is hit by falling chair from hotel; hotel not responsible since chair under EC of guest (suddent celebration VJ day)
LeRoy Fibre
Contributory Negligence: own prop. D's train neg. emits sparks, P has hay too close to rail, yet on his land. Absolute right to use your land as you please
Comparative Negligence: Pure P and D both caused accident and should pay for portion they caused
Assumption of Risk: Arbitration State board negotiated plans for patients and patient picked a plan with arbitration, enforceable
Assumption of Risk: Knowledge P(layer) hurt in outfield, he knew it was muddy; DV for D
Prox. Cause: Dependent D/truck hits P's car, P tries to direct traffic and is hit (foreseeable)
Martin v. Abbott
Actual Cause: Market Share L Ds may disprove causation
Martin v. Herzog
Neg. Per Se D sells rat poison w/o labelling it; Statute designed to protect customers from such harms Conclusive-Automatic
Mayhew v. Sullivan
Custom: Irrelevant Bad mining custom is deemed negligent rather than exculpatory after P falls down hole in his platform. Custom is irrelevant.
Comparative Negligence in Intentional Torts We already have defenses, autonomy
Assumption of Risk: Knowledge P hit with hockey puck at hockey game; DV for D
Murphy v. E.R. Squibb
Actual Cause: Market Share L Substantial share not met where only one manufacturer joined
Murphy v. Steeplechase
Assumption of Risk: Knowledge P injured on ride, P had watched others fall on ride earlier
Neg. Per Se: Safety Store sells beer to drunk; no neg per se despite statute since intervening cause of drunk driving
Obstetrics and Gynecologist
Assumption of Risk: Adhesion P did not know of the clause, no AoR
Contributory Negligence: Per Se P fell cleaning windows after D demanded it w/o giving safety equipment. P deemed employee so no CN per se
Actual Cause: Burden/Experts Battle of Experts goes to the jury
Contributory Negligence Drug addicts in hospital drink toner. No CN when P's cna't help themselves and are in institution
Prox. Cause: Unforeseeable P Cardozo: no liability, relation b/w D & P (unforeseable result--Wagon Mound) Andrews: Directness (Polemis style)
Paoli Test
Actual Cause: Medical Monitoring (1) P exposed to a proved hazard through D's negligence (2) significant increase of risk of something (3)Tests are necessary (4) Tests exist
Actual Cause: Successive P is hit from behind twice in one day. Injury is indivisible.
Proximate Cause: Direct Cause D is liable for all direct results of his actions, no matter who unforeseeable. Plank fell into cargo bay.
Child Standard: Shooting Children held to peer standard
Actual Cause: Cardozo-Traynor P falls down stairs in dark. Neg b/c this might happen and did.
Neg Per Se: Safety Same car theft keys as Ross, but ordinance said no neg. per se
Actual Cause: Burden/Experts Conflicting experts plus evidence for D = Summary judgment for D
Roberts v. Ring
Disabled Standard: Blind Held to reasonable blind-man standard
Neg. Per Se: Safety Statutes D's agent leaves keys in car in vio of ordinance, theif steals it and hits ped. Neg. Per Se since this was statute was aimed at
Assumption of Risk: Knowledge P injured on slide. P did not know risk (neither did D) no AoR.
Res Ipsa Loquitor: MedMal Expert testimony required for paralysis from ink injection case
Actual Cause: Cardozo-Traynor Superbat hits ball too fast at pitcher; speed of ball must be proven
Schwabe v. Custer's Inn
Actual Cause: But-for D provided sign, but no lifeguard, no causation b/c P was under water too long
Seigneur v. National Fitnes Institute
Assumption of Risk: Arbitration Gym is not of type worthy of regulation
Actual Cause: Market Share Liability DES (1) All named Ds are potential tortfeasors (2) Products identical and share the same defective qualities (3) P is unaware of which D caused her injury through no CN (4) All manufacturers are named as Ds (5) L
Actual Cause: Market Share Liability Lead Paint not fungible and too many manufacturers not joined
Small v. Howard
Medical Standard: Local Physicians in same community make standard Modern: Same or similar community
Smith v. JC Penny
Actual Cause: Concurrent Indivisible damages due to flammable coat negligently set on fire at gas station. Joint and several liability (each can pay all damages) several: share; joint: all
Sosa v. Paulos
Assumption of Risk: Adhesion P given 1 hour before surgery to sign waiver, unenforceable
Prox. Cause: Think skull P goes schizo after fender bender; D is liable
Neg. Per Se: 2 purposes D drives heavy truck across bridge (in vio of statute) breaks pipes in P's building; statute aimed at protecting highways, but also surroundings
Summers v. Tice
Actual Cause: Alternative Liability One of two negligent hunters shot third in the eye. Burden shifts to Ds since both were negligent. How many Ds until this fails? 2-10
T.J. Hooper
Custom: Evidence Tugboats need radios, not b/c there is custom, but b/c B
Neg. Per Se D hits P on right side of road, statute demands peds be on left side; no neg per se b/c CL exceptions come w/ statute
Terry Formula
Hand alternative (1) Magniture of Risk (2)Value of that which is exposed to risk (3) Value of collateral object (4) Probability collateral object will be attained (5) Necessity of the risk Eckert v. Long Island
Titus v. Bradford
Custom: Conclusive Bad train custom (narrow gauge) decides case since D was following it when P was killed and custom cannot be questioned
Custom: Evidence P is injured on non-tempered glass despite custom for the opposite glass to be used. Admitted as evidence
Assumption of Risk: Arbitration (1) type usually regulated (2) service of great importance (3) Party holds himself out as capable of the service (4) Party has power over P (5) Adhesion contract (6) Under control of seller
Prox. Cause: Escape D's train derails and P runs away and hurts himself. Train liable even though train would not have hit him. Danger invites flight
U.S. v. Carroll Towing
Hand Formula: B < PL Cheaper to require bargee to remain on barge than to endure the probability of damage from barge striking something
Uhr v. East Greenbush
Neg Per Se: Safety Leg. did not want school liable for missing scoliosis, commissioner in place for enforecement (1) Whether P is one of the clas for whose protection statute enacted (2) Whether neg per se promotes leg. intent (3) Consistent w/ leg. s
Union Pipe
Prox. Cause: Dependent P slips on fire extinguisher juice after fire is out. Court finds this is unforeseeable: Wells disagrees
Vaughn v. Menlove
D built haystack at edge of property by neighbors home, warned of danger but ignored it. Stack caught fire and burned down neighbor's home. Reasonable person standard
Prox. Cause: Rescue Danger invites rescue. Cousins goes to help cousin and dies. Train liable for both.
Wagon Mound
Proximate Cause: Foreseeability D is liable for only those consequences which are foreseeable results of his conduct. (fire on oil is not foreseeable)
Res Ipsa Loquitor: P has burden P and D/Train collide, not enough evidence to know who hit who
Prox. Cause: Criminal Train car derails leaking gas, Duerr throws a match on it. If intentional cause is severred. Overruled by Britton
Res Ipsa Loquitor: MedMal-Attributable to D P is injured while unconscious. Injury imputes negligence, but from who? Burden shifts to Ds Turkey Salad
Assumption of Risk: Arbitration Non-profit is seeking arbitration: enforced
Actual Cause: Cardozo-Traynor P was given 2x Danocrine RX. Negligent b/c overdose might cause PPH. D had nothing to rebut w/

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