Glennon's Torts cases

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

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

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