Glennon's Torts cases

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Can you name the cases from Glennon's Torts class?

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CaseParties
No negligence if you used proper and reasonable care to protect pipes from normal frost
You may be liable for battery, even if it is a joke (meat hook)
Mud in the eye could also fall under Res Ipsa is it comes from a hotel
Professionals may owe a duty to inform another of reasonable danger
If act is negligent, still liable for unforeseen acts that result from it
No duty to rescue a guy you dared to jump in a trench
Store dynamite at risk of strict liability...quotes Restatement 520, but applies Exner standard
Can a lawyer driving to second job get his firm on hook for vicarious liability
Consent to operate invalid if its in different ear
Sympathy for a stutterer, but emotional distress must be severe
Duty to provide water is to the city, not to third parties, otherwise liability is enlarged
Mere possibility that Bendectin caused injury not enough...must be probable
Damages case for a kid who was a dynamite soccer player
The reasonable person would not build a hay rick likely to ignite on border
Negligence with a kid swinging 8 foot wire?
Supreme Court limits punitive damages
Hospital may not be responsible for doctors working within its walls
Res Ipsa Loquitur with an exploding bottle (also strict liability case)
Polluting land with phosphatic slimes is not natural use of land
General duty of care instruction inadequate for common carriers
If some little jerk writes down he'll harm you, its still not assault if the words are uncommunicated
Res Ipsa applies for a defendant asleep during surgery
No duty to assist, but don't prevent a third party from assisting with your phone
Violating a statue may make a department store the proximate cause of an injury
Consent in medical cases may be conditional (HIV blood)
Manufacturer may be strictly liable if he knows product will be used w/o inspection
Professionals may owe duty to third party beneficiaries, but may be excused if others make same mistake
Snatching a plate from a person in an offensive manner may result in battery
Case that adopts the Patient Rule for consent over the Professional Rule
Florida case that defines assumption of risk categories
No reasonable person jumps from moving car...you assume the risk
Hand says not fair to say custom existed BUT making tugs seaworthy with radios is cheap
CaseParties
Runaway ship is proximate cause of flooding
Loooonnng decision that says Defendant has to prove benefits outweigh danger inherent in design
Texas has natural uses for land that aren't really natural, but no strict liability when they escape
Take the plaintiff as they are, even if the kick to the shin seems harmless - Intent
Was the suicide a rational act or an irresistible impulse of a deranged mind?
Another DES...have to cut off liability at some point
Ordinary care when beating dogs with a stick
'Toebacco' - Products liabilty case
Can't escape liability just because another fire may also be cause in fact
Res Ipsa - Busted forceps left in body after surgery could lead to many defendants
Racing on highway is negligent and both actors liable for injuries that result
Cardozo's famous decision on foreseeability and proximate cause
Montana case that imputes knowledge and rejects state of the art defense
Massachusetts adopts state of the art defense for products liability
Child operating snow mobile held to adult standard of care (inherently dangerous activity)
No duty is owed to a person who didn't directly witness an accident
Failure to give Xray may not be violation of standard of care for doctor
Not having a life vest does not make boat owner cause in fact of death
The professional standard for pilots is the standard that should be used...no different standards
Publishers have a duty to not publish content that puts public in harm's way...no chilling effect here
Louisiana teachers can apply aggressor doctrine on students, but only in the moment
Bodybuilding Plaintiff suffers brief injury, but Defendant still liable for unforeseen harm - Proximate Cause
Fear of Cancer case (involving smokers)
B < PL - need a bargee aboard during working hours
90% of tugs are equipped w/ radio...tug w/o radio not meeting standard of care
Little brat pulls seat away, but did he know consequences w/ substantial certainty?
Chilling effect on the First Amendment if the Reverend wins a libel suit
Cardozo pushes back on Holmes decision and leaves decision to jury if man took proper care looking out for train
Social host has a duty to keep his drunk friend from driving home...heaps of public policy
Holmes says stop and get out to look for trains...later overturned
Seat Belt Defense
77 year old trips in common area, electric co. has no duty to him
CaseParties
Airplane crashes due to unexplained event...res ipsa applies
No higher standard of care for truck drives needed says court
Deprivation of 37.5% opportunity of living may be enough to satisfy cause in fact
Two friends on a joint social venture have a duty to each other, esp. when they begin reasonable care
DES is the cause in fact, but you don't have to identify the specific manufacturer
Danger invites rescue
Epileptic driver hurts woman, no absolute liability
If you violate rules designed to protect the players in sports, may be liable for a tort
Walking on the wrong side of the street may not be negligence per se depending on circumstances
Children playing sports held to same standards of liability as adults
This case cites Purtill to lay expert medical witness requirements
Blind man held to standard of care of reasonable blind man
No negligent infliction of emotional distress w/ a sex tape (may be intentional, though)
Pearl in soup, court adopts 'reasonable expectation' test for food - Products Liability
Trick or Treat! Fear must be reasonable
Dick Cheney like hunting accident means 2 hunters could be cause in fact when only 1 is responsible
Owe a duty when you negligently entrust (or sell) a car to a drug addled and bad driver
Voluntarily accepting risk does not mean you voluntarily accept negligent conduct
If intervening cause is intentional and extraordinary, defendant may not be liable
Battery in a crowded world during a fire drill - Intent
Unlike No. 1, this succeeds because engineer should have known oil could ignite on water
If manufacturer wouldn't have sold product if it knew of defect, then it may be strictly liable
Rolls back on Polemis and says damage must be reasonably foreseen with oil spilled everywhere
Cannot consent to an illegal act
Doctor who asks another to cover cannot be vicariously liable if he had no control
Happiest Place on Earth 1% liable, but pays 86% of all damages
Emergency Doctrine applies to subway train operator making sudden stop
Our first DES case...giving a pill may constitute a battery
Keep things on land likely to do mischief upon escape at own peril/appeal adds unnatural use of land
Negligent Infliction of Emotional Distress could occur when plane violently shakes
Indivisibility of brain injury and contributing negligence may lead to joint and several liability
Defendant owed a duty when he invited people to drive recklessly

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Created Dec 8, 2010ReportNominate
Tags:case, class, party, tort