Glennon's Torts cases

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

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

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