Fletcher v. Rylands Case Brief
Fletcher v. Rylands Case Brief
a) Facts:
i) Plaintiff was a coal miner and defendant was a farmer who built a reservoir on his land
ii) The reservoir leaked through no fault on the part of the defendant and flooded …
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Archive for ‘torts’
Maloney v. Rath Case Brief
Maloney v. Rath Case Brief (non-delegable duty – negligently repaired brakes led to an accident)
a) CA supreme court held that defendant was liable for the improperly repaired brakes, he could not delegate the maintenance to another however, the …
Example of personal injury damage award breakdown based on jurisdiction
Example of personal injury damage award breakdown based on jurisdiction
| Plaintiff’s Recovery | ||||
| Base Costs | Standard Tort | 20% Comp. Neg. | Sugarman’s Proposal | |
| Medical
Costs |
150,000 covered at 80% by insurance | 30,000 (reimburse insurance 80% of costs) | 24,000 | |
September 11 Compensation Plan
September 11 Compensation Plan
I) How much of tort law is repealed?
A) Nature of the plan:
1) Is the compensation plan a complete bar to tort claims?
2) Is the plan mandatory, or can the victim choose to sue …
Superfund 301(e) Model Statute: Expansive No-Fault for Toxic Harms
Superfund 301(e) Model Statute: (Expansive No-Fault for Toxic Harms)
I) How much of tort law is repealed?
A) Nature of the plan:
1) Is the compensation plan a complete bar to tort claims?
2) Is the plan mandatory, or can …
Armstrong v. Paoli Memorial Hospital
THE DUTY ISSUE – MENTAL AND EMOTIONAL HARM (Pg. 245)
Armstrong v. Paoli Memorial Hospital
Superior Court of Pennsylvania, 1993
430 Pa.Super. 36
JUDICIAL HISTORY: The Πs filed suit against the hospital alleging negligent and intentional infliction of emotional …
Sinn v. Burd
THE DUTY ISSUE – MENTAL AND EMOTIONAL HARM (Pg. 241)
Sinn v. Burd
Supreme Court of Pennsylvania, 1979
486 Pa. 146
JUDICIAL HISTORY: The Π, mother of the decedent, is suing the ∆ driver for, among other things, …
Niederman v. Brodsky
THE DUTY ISSUE – MENTAL & EMOTIONAL HARM (Pg. 238)
Niederman v. Brodsky
Supreme Court of Pennsylvania, 1970
436 Pa. 401
JUDICIAL HISTORY: Π seeks recover from the ∆ for both severe disabilities and the accompanying shock and mental …
Bosley v. Andrews
THE DUTY ISSUE – MENTAL & EMOTIONAL HARM (Pg. 235)
Bosley v. Andrews
Supreme Court of Pennsylvania, 1958
393 Pa. 161
JUDICIAL HISTORY: Π (wife) sought to recover damages for a heart disability which resulted from her fright and …
Galanti v. United States
THE DUTY ISSUE – DUTY TO ACT? (Pg. 229)
Galanti v. United States
U.S. Court of Appeals, 11th Circuit, 1983
709 F.2d 706
JUDICIAL HISTORY: Π, wife of the decedent, brought this action claiming her husband, Issac Galanti, …
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