Miscellaneous Quiz / Torts Cases #1 (Ben Asher)

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Can you name the Torts Cases?

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Judge granted MIL preventing cross of expert witness re own practices; Custom is almost always dispositive of professional care - thus expert witnesses practices are irrelevant + p
STD Case; Reasonable forseeability defines parameters of duty
Fertilzer comp. sells fertilizer used in WTC Bombs; Terrorist acts were a superseding cause - fertilizer was not defective or unreasonably dangerous on own + not reasonably foresee
Man finds nitrogylcerin, which he burries but then found by P's sons, who are injured; Party that left out nitro liable - man's actions not superseding; nitro always threat
Man mowing + the mower ejected object; If party owes an ordinary duty of care, only liable if they create an unreasonable risk by failing to act as a reasonable person would
Footballer did not take drugs that prevented mental instability, + attacked cops who shot him; modified comparative fault regimes
Skydiver in airplance crash on way to jump; Exculpatory clause gave consent - waived rights; w/in scope
German exchange student in relationship w/ host family father; B/c of special rationship, parties can be liable for harm; Superseding cause, autonomy, comparative fault
Bar trespasser - roof access through window; No premise liability if invitee goes beyond scope of invitation; Policy Considerations
Department Store + Elevator Injury; Affirmative duty to provide reasonable care created if customer injured on instrumentality
Skater injured when forced off skating rink; P assumes risk of injury when they are aware of risk of harm + voluntarily participates
Laparotomy pad found inabdomen of P; Paradigm Application of Res Ipsa Loquitor
Driver not wearing contact lenses per license + gets in accident; Negligence per se
Boat loose becase of ice, leads to bridge destruction + flooding; if type of injury is foreseeable, liability is not limited because it was different in manner + extent; Scope of r
Bank implemented practices for forged checks; Practices that are widely adopted amongst industry + cost-effective are generally reasonable; Paradigm Application of the Hand Formula
D died while using electronic tumbler machine - allegedly defective switch; but-for causation = circumstantial evidence supports inference D conduct more likely than not caused inj
Rut at railroad crossing not fixed, car got stuck, + driver just managed to abondon car before it was destroyed by train; Zone of danger; Physical Manifestation Requirement
Concurrent negligent driving of two actors allegdly led to P injuries; But-for test applied to both; can sue + recover from Ds jointly + severally.
Accident closed overpass to restaurant; No recovery for pure economic loss absent special relationship; Policy Considerations - need to cut off liability
Wire held by kid contacted trolley wires on bridge; Reasonable care = Consider foreseeablilty, preventative steps + cost, custom, public good of service; Fairness + Cost-Benefit An
Inmate injured while snowblowing after minimal training; Comparative fault
Man left hay in stack, knowing risk it would catch fire; Reasonable person is not a subjective standard; Distributive Justice
Palsgraf injured when package w/ fireworks exploded; allignment of breach + duty not carrying sway; emphasis on the reasonable + foreseaable argument
P + D hit by car while checking out CD player on sidewalk; Negligence per se not applicable - statute designed to protect different class + from different injury
Boy ran into old man w/ bike; Children of certain age + doing certain activities held to lower standard (Illinois v. Mass. Rule); Parents not vicariously liable - must show neglige
P fully barred b/c of bad carriage driving despite pile of wood carelessly in road; Contributory neglignece
P injured when truck driver failed to check blind spot again; What constitutes ordinary care in a particular context is a question for the jury
Suit against Goodyear Tire - chemicals caused cancer (toxic tort claim); Need to show direct connection between action + cause
Man injured on a port authority bus; Common carriers, because of special relationship, owe the highest duty of care to passengers
Barrel of flour fell off of a cart + knocked man unconscious; Res Ipsa Loquitor Applies
Primary v. Secondary Assumption of Risk
While hunting, two men fire in another man's direction, + unclear which of the two hit ; Alternative liability permits the Ds to both be foundliable to full extent; Corrective Just
Two Ps - one forced to work next to dead body + emo injured, other worked long + stressfull hours + emo injured; first in zone of danger, second not; genuine + foreseeable not enou
Kid collects blasting powder left by railroad + then injures friend; if situation where injury occurred is created through actions of others, then liability can be superseded
Skiercross racer injured in race; assumed risk in participating - pros + no widespread participation; Implied assumption of risk
Flopper amusement ride case; Assumption of Risk = No Breach
Pharmacist - wrong chemo drug; Compensatory awards are proper = injury provides rational basis for amount; Respondeat Superior + Distributive Justice
Boys try to fix up boat left on public ground + boat falls one one; boys playing w/ boat + getting injured was w/in the scope of risk
Ship carelessly released oil into port that caught on fire from welding; fire on water not foreseeable outcome; established foreseeablity test for proximate cause
Expert medical witness testified if doctor placed intravenous line, 37.5% of survival, compared to 0%; Loss of chance doctrine; substanial factor
Tanker str+ed on s+bar - might have been avoided if Coast Guard used flashing lights, but also had own devices; Departure from divided-damage rule for Comparative Fault
Man fell of loading dock w/out guardrails; Violation of applicable administrative safety reg by party that should have known about reg = Negligence Per Se; Burden Shifting
P developed cancer allegedly from drug ingested by mother during pregnancy; Market Share Liability; Burden Shifting
Pump caught on fire = led to building catching on fire, then P slips on water; Fire but-for cause but only conditions furnished by event, so Pump defect not prox. cause
Tug boats caught in storm because no radios, + coal barges damaged; Custom often indicative of ordinary care, but not dispositive - whole industry might be acting negligently.
Restaurant + unconscious customer; Affirmative duty to provide reasonable care because of special relationship; Policy Considerations
Higher court rules party permitted to cross-examine expert re expert's practices; Custom is generally dispositive, but expert can still be crossed in order to get at credentials, c
Medical Professional custom not to use a cheap, safe, + efficacious test was unreasonable
P sued after being attacked in hotel; If burden much lower for P than D to account for risk, Hand formula suggests no breach; Hand Forumula + Distributive Justice
Guy at bar drinking w/ women later assaulted + killed her; injury not foreseeable, not w/in scope of the act, + criminal behavior superseding.
If Bargee on barge, then barge probably would not have sunk; Hand Formula determinative of carelessness (B=PxL); Law + Economics (efficiency + cost effectiveness) + Multiple Partie
Boat renter + drowning drunkard; No affirmative duty to rescue
Defective wheel - car accident; Manufacturer can be liable if reasonably foreseeable products may become dangerous if negligently constructed (privity rule exception)
Nurse w/ min. job training engaged in activity requiring min. special knowledge; Professional standard of care not applicable (i.e., no expert requirement) for regular activities;
Meter reader bit by dog after unreasonably entering property; If a statute imposes strict liability + violated, then P liable even if reasonabe care
Man hits pole at ski resort; Commercial businesses open to public may not require invitees to sign waiver; Exculpatory clause void as against public policy
P sued after requiring surgery for complication that P did not know was risk; Informed consent = prudent patient standard, not reasonable docstandard; not purerly med. process = TJ

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