Torts

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When P was in the pasture feeding his mare, he was seriously injured when kicked by D’s horse, which had previously exhibited vicious tendencies, known to D.
D had entered on the unenclosed land of the P, with a surveyor and chain carriers, and actually surveyed a part of it, claiming it as his own, but without marking trees or cutting
P hit from behind by D car bc (fluids necessary to the braking system had escaped when a brake tube came out of a nut where it fastened to the top of the Hydrovac) P alleges manufa
The man was carrying a package wrapped in newspaper. In the process, the man dropped his innocent-looking package, which fell to the tracks. The package contained fireworks and exp
girl watched D beat her father
fat woman -weighed 250 pounds. She emerged from the sitting room of a train depot, which was brightly lit, and went down unlit starts. During her descent she fell and was thrown be
P (alcoholic and physically sick man) was taken without his knowledge to nursing home by his nephew where his nephew signed a form
P was injured in the D’s hospital when an employee of the Hospital failed to assist him as he moved from his bed to the bathroom.
The clerk sold the poison without labeling it “Poison” although a statute made it a crime to do so (criminal statute). The object of the statute was to protect the public.
(D) failed to diagnose lung cancer in P. He subsequently died.
D, a newspaper delivered, got into an argument with P, one of his customers. The argument culminated in D striking P, allegedly causing her injury.
Plaintiff was walking on a sidewalk near D's hotel and was struck on the head by a falling armchair which is assumed to have been thrown out of the hotel.
approached P over 30 times at work and verbally and physically mimicked his stuttering disability
showed necrosis of the bone around the screw which Dr. Kent removed. Recovery was complete.
dialed 911. The official receiving the call mistakenly recorded the address she gave.
defensive back, was the recipient of the injury and the offensive back, Charles “Booby” Clark, inflicted the blow which produced it
She slammed on her brakes to avoid deer, and flipped. (sued in negligence, strict products liability, and breach of implied warranty of merchantability)
P caused a collision which killed Ospital and left Slusher permanently disabled.
He stopped to render assistance and found the driver of the car badly injured. A state trooper stopped and asked P to place flares along the road.
Ds then set a “shotgun trap” which was rigged with wire form the doorknob to the gun’s trigger so it would fire when the door was opened to hit the person’s legs.
blasting case
became ill at work after she inhaled fumes from pesticide sprayed at the D facility, at D’s request, the night before
P had a defective pacemaker, manufactured by American Technology, implanted at D
plaintiff was driving behind a tractor-trailer driven by the defendant when its spare tire came off and hit the plaintiff’s windshield
epileptic - a car came careening onto the site. P was struck by the car and seriously injured.
tractor equipped with a starter safety switch which was designed to prevent the tractor from being started in gear. While the tractor was in gear, P, standing alongside it, started
there was with the distinct understanding and agreement between the D and her husband that all the fence together with the anchor posts should be removed by D at the end of each wi
The dog snapped at the girl and bit her nose, inflicting wounds for which a recovery is sought.
P drove the van to the right side to the highway and stopped. Chang ran across the freeway to get the spare tire and was struck by a vehicle driven by Linderman
The manufacturer of a defective product is liable to any person injured or damaged if the defect was a substantial factor in bringing about the Ps injury or damages provided
. The banana peal was described as black, dry and gritty and appeared as if it had been trampled on.
Each of the 4 foreign insurance companies appeared specially to challenge jurisdiction. The NC SC held the manner of service, the standard method for over 20 years to be invalid.
injured when she slipped and fell on a slice of pizza on the floor near the “pizza-hoagie” counter
negligence of D in the construction and maintenance of the elevated approach to a bridge (Bascule bridge)
Blind concession stand operator Mike Burson left his stand in the U.S. post office building in LA. On his way back from the bathroom he bumped into P who fell to the floor and inju
A barroom fight erupted when American Indian Patrons, sitting in a booth adjacent to the table where (P) was seated with friends, were apparently offended by the refusal of one of
“If you want to know the price, you’ll have to find out the best way you can *** you stink to me”
A poor married woman P was sick when a doctor D came to her apartment to tend to her. D brought with him an unprofessional young unmarried man to the woman’s apartment
P had no place to go (after arrest) so they took him outside the city limits to abandoned golf course to “dry out’
The Plaintiff, instead of using the sidewalk, was walking along a well-used pedestrian snow path with her back to oncoming traffic.
P fell by slipping on a banana skin lying on the platform of the Df train station
Evidence showed that even at 25mph the train could not possibly have stopped before the crossing in the period after the auto became visible.
an attorney, was employed by a mortgagee of land to conduct a foreclosure sale. Bc he failed to follow the proper procedures, the sale was set aside on 2 separate occasions.
She signed routine consent form prior to her hysterectomy. She visited another physician who discovered she had a vesico-vaginal fistula which permitted urine to leak from her blad
The private policeman on duty at the D’s store called to her to stop, accused her of stealing costume jewelry from the store, and had her empty the contents of her purse into her
P raised mink, which are by nature very nervous creatures. Blasting operations carried out by D frightened the mink mothers and caused them to eat their kittens.
HintAnswerExtra
Two months prior to the killing, he had confided his intention to kill her to Dr. Lawrence Moore, a psychologist who was employed by the Cowell Memorial Hospital
one of Atkinson’s coachmen, was injured when one of the coaches supplied by D broke down
- Sapp an intoxicated agent of D attempted to put his hand on P’s wife (over a counter)
In august 1977 P visited D at his house for the purpose of discussing Lodge business. While he was there P was attacked by D’s disturbed adult son and injured.
SPAM
3yr old Ashley McLennan drowned in a backyard swimming pool while under the supervision of her stepfather
slip and fall near grape sample
On the last day of the school year, a group of junior high school students began to vandalize the school bus on which they were riding. The bus driver closed the door and proceeded
. During her freshman year, the University exercised no control over her comings and goings at the dorm. She began staying away from it, soon became associated with Chicago’s cri
P was badly injured when the steering gear in her car malfunctioned, causing her to crash into a wall.
Drunk ship captain
Accident between D and P occurred when D tried to pass P on a road. As D drew alongside of P, the left rear tire of his car belw out, causing it to swerve and come into contact wit
An insane woman D had a violent attack while locked in her room
snatched the plate from his hand, and shouted that a “Negro could not be served in the club.”
both members of the same band (military). They were skirmishing with their muskets charged and D’s fired accidentally and hit P
D was hunting birds while standing on the lands of another when he shot gun at a bird in flight over P’s premises.
2 young girls spent substantial period of time with their neighbor at his horse barn. The man sexually abused the girls.
P & D's dogs fighting D tried to break them up by hitting them with a stick and accidentally hit P and injured his eye by backing up and raising stick over his shoulder.
abuse at a day care not being reported
kids snowmobiling accident
suddenly decided to turn his car into a service station to get an estimate on his car, and his car then struck P.
suffered injuries when her car, on a dark and windy January night, struck a tree, which had fallen across the highway from (D) adjacent property. D could have reasonably known abou
“failure to exercise that degree of ordinary care and caution, which an ordinary pilot having the same training and experience as (the pilot of the plane at issue) would have use
left his taxi unattended with the key in the ignition. The cab was subsequently stolen and involved in an accident
P was a steerage passenger on the D’s steamship who was negligently vaccinated by the D
P entered D’s grocery store and made a purchase. He then asked about a box and was told to go to the back room.
2nd DES case
The glass looked like tempered glass but was just ordinary thin glass and was 1/16 to one quarter of an inch in thickness. IN the bathroom
driver passing out while driving car - 2 sisters in the back claim driver was negligent
collision between buggy and car
Ds while out hunting killed P's dog because it looked like a wolf
left the truck he owned parked without lights in the middle of the road on a stormy night
Thirty seconds later Beisel again yanked the steering wheel, causing truck to leave the road, slide down an embankment and strike a tree.
The barge broke free of the mooring lines due to this readjustment. The Barge hit a tanker, and the tanker’s propeller broke a hole in the barge. The barge careened, dumped her c
Pl slipped on a banana in Df supermarket. The banana had sand and dirt upon it afterward, as did the floor around the area. The banana was sticky around the edges.
struck by a barrel falling from a window as he walked past flour shop
'unsolicited hug'
(D) a chemical manufacturer, engaged a railroad car to transport 20,000 gallons of liquid acrylonitrile, a toxic substance, to a processing plant in NJ. While the car was sitting i
D owned a hydro electric plant and built a dike on a river. A hurricane caused the river to overflow, damaging P’s land.
Water service to fire hydrants and private citizens was included in the contract. During the term of this contract a fire from a nearby building spread to P’s warehouse, destroyi
P’s wound did not heal and 2 years after the injury he went to a specialist in skin diseases, who found that at the point of the injury a skin cancer had developed.
while walking on E 30th St, P was struck with a foul ball emanating from this baseball park
the car “leaped forward, and so startled him that he could not regain control before the automobile ran wild” crashing, and thereby injuring him and his family.
P was a social guest in D home. He asked to use the bathroom, and, while there, was injured when a cracked faucet handle broke. D had known that the handle was cracked and had comp
P could not see the tracks to the north. He stopped, looked, and listened, but heard nothing. He did not get out of his truck to walk forward and look down the tracks. As he drove
P was injured in an accident with a vehicle under the control (D). A third unidentified vehicle was also involved.
HintAnswerExtra
Rick did ignite and fire spread to P’s land burning his cottages. D was repeatedly warned of his peril and he said “he would chance it”.
D owned a mill, and built a water reservoir on his land. The water broke through into an abandoned coal mine shaft and flooded along connecting passages into P’s adjoining mine
When the Plaintiff came upon such equipment owned by the Defendant, it was unlocked and the Plaintiff was injured while playing on it.
awoke the next morning after surgery with a sharp pain between his neck and his right shoulder and eventually developed paralysis and muscle atrophy.
While P was in the car it suddenly collapsed due to the wheel being made out of defective wood. While the wheel was not manufactured by D, there was evidence that a reasonable insp
First DES case
shatter-proof windshield glass (did shatter and hurt his eye)
After 25 years without problems, an unusually cold frost caused one of the plugs opposite P’s house to freeze over. The damaged plug leaked a large quantity of water into P’s h
D had his brakes overhauled by an independent contractor mechanic, Peter Evanchick, only 3 months before, and that Evanchick’s negligent repair effort had been the cause of the a
(D) started a forest fire negligently. Before this fire reached (P) property, it merged with another fire of independent and uncertain origins.
They immediately started out in pursuit, and overtook the P about 2 mile away, where they took the stove away from him by force.
mother in stairwell during fire-drill is pushed by teacher
a nationally certified medical laboratory, for a urethral smear test for trichomonas. The test was administered while P was standing. P had an adverse reaction to the test and fain
P was driving a car with McGregor as a passenger when they were hit from behind by a semi-trailer driven by D.
P alleged that he contracted asbestosis and other lung ailments through exposure to asbestos while working as an electrician from 41-76.
he slipped on a puddle of milk and injured his knee.
2 men break into Sentor’s office and make copies of documents that are later published. No document is damaged and no usage of the documents are interfered with.
He stumbled on the stairs and accidentally discharged the rifle, shooting Barbara in the head.
while she was driving she believed God was directing her car. She saw a truck coming and stepped on the accelerator in order to become air-borne, because she knew she could fly. In
6 year old boy, went with his mother to go shopping at Ayres D department store. P fell on the escalator in D store and as a result, he got his fingers caught in the escalator. D d
his foot slipped and became stuck in the rail. He was unable to get it out before the train ran over his foot. The train crew did not see P until the train was almost upon him and
D had collected the trash form the Acme Brewing Company, which the Association regarded as within the territory of another member of the Association named Abramoff.
if a man does a thing he is bound to do it in such a manner that by his deed no injury or damage is inflicted upon others
A storm arose and the vessel was held secure to the dock causing $500 in damage to the dock.
ear surgery
P was injured when a power tool his wife had given him malfunctioned. 10 and a half months later, P gave the manufacturer D, notice of claimed breaches of the express warranties co
P and D divorced. 4 years later D distributed at least 60 copies of nude photos of P, as well as photos of P and D performing a consensual sexual act.
P’s home was destroyed by a fire which spread from (D) woodshed which had been ignited by a spark from D’s train engine either through careless management or insufficient condi
Man pointed a gun at the driver and commanded him to go. The driver was frightened and complied. The driver was further frightened when he heard the man’s pursuers following and
, a tank car full of gasoline derailed and its valve broke, allowing gasoline to run into the street. Duerr then struck a match, igniting the vapor and causing an explosion which i
The truck went off the highway and over a steep embankment. The road was a paved, first class road, and it was daytime and no ice/snow/precipitation on the road. The case against t
drag racing
Due to negligence of D employees, the boy suffered brain damage from prolonged oxygen deprivation and became permanently disabled.
he suffered an apparently total psychological breakdown, becoming psychotic. (Theory that accident aggravated a pre-existing paranoid schizophrenic condition which has totally and
P filed this action on behalf of Helen Britain, a young child, who was severely burned in a fire which destroyed her home. The blaze was started by a defective heater which had bee
P and 2 D’s were hunting together. Both Ds negligently fired, at the same time, at a quail and in the Ps direction. P was struck in the eye by a shot from one gun.
Two minors were struck by a used 1965 Chevrolet automobile while on their way home from school. Maradean suffered mortal wounds, and P sustained severe injuries.
5 year old pulling out chair from underneath P
D- observed boys on the roof of his sheds (not including P) and ordered them to get off the roof.. then hit one with a stick
(P) was injured by a tractor owned by (D) his wife, as her separate property. This tractor was also located on D’s separate property farm.
In swinging the golf club he caused the club to strike the plaintiff about the jaw and chin.
Defendant destroyed Plaintiffs’ house in an attempt to halt the progression of a fire in the city.
Weathers (D) opened a cigar stand and lunch counter at which (P) was a regular customer. P entered the cigar stand, loitered there for about 15 minutes without making a purchase an
P was struck and injured by a stray bullet that ricocheted out of a nearby property, a gravel pit, while law enforcement officers took firing practice there.
“If I can’t have you, no one else will have you, and when I get through with you, no one else will want you.”
got drunk at D's house, then drove and hurt someone

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