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107 Cards in this Set

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Weirum v. RKO General Inc.
*Misfeasance (D radio station contest/speedy red car encouraged teens to race to catch Real Don Steele; 2 teens ran P's deceased off rd.) (an. Guille: encouraged crowd to harm P)
*D encourages irresponsible person to do something dangerous and innocent person is hurt
*Flip into NY Central RR v. Grimstad: On day of broadcast teens weren't listening to D's radio station
Liability teenagers seeking defendant’s DJ ran plaintiff’s deceased off freeway
Selger v. Steven Brothers
*Nonfeasance (failed to clean up droppings on sidewalk P slipped hurt self) (dist. Weirum: here dog created risk there D did)
*N encouragement
*N D created risk (an. Haynesworth Buchanan) (dist. Montgomery)
No Liability defendant failed to wash dog dropping from sidewalk outside and plaintiff pedestrian slipped on it
Garibaldi & Cuneo v. O’Connor
Put the P into a dangerous position so had a duty to keep the P reasonable safe from harm. This was a reasonably foreseeable harm to P.
Liability defendants piled bananas on public sidewalk and plaintiff slipped on one
Richards v. Stanley
*Nonfeasance (Ds failed to take car keys w/ them car thief collided w/ P) (an. Herzlich Selger) (dist. Weirum) (an. Pulka: neither car thieves nor garage exiters are more likely than most people to drive negligently)
*N encouragement (Michael R. v. Jeffrey B. Weirum)
No Liability thief stole defendants’ unlocked car and negligently struck plaintiff with it
Richardson v. Ham
*Misfeasance (D left unlocked bulldozer atop mesa; young adults crashed it into Ps' prop.) (an. Weirum: encouraged teenaged drivers) (dist. Richards v. Stanley) (dist. Herzlich: here D created risk)
*D encourages irresponsible person to do something dangerous and innocent person is hurt (an. Michael R. Carmona) (dist. Weirum)
Flip into NYC RR v. Grimstad: One of joyriders was locksmith and safe cracker who had yet to find a lock he could not defeat
Liability young adults started bulldozer defendant left on mesa and it hurt plaintiffs and destroyed their property
Pulka v. Edelman
*Nonfeasance (motorist exited D's pkg. garage striking pedestrian P) (an. Richards) (dist. Weirum)
*N encouragement (an. Yania Seaber - resp.) (dist. Carmona Michael R.)
No Liability defendant parking lot omitted precautions against exiting customers hitting pedestrians and plaintiff was hit
Schwartz v. Helms Bakery Co.
*Misfeasance (D's driver waited for 4-yr-old P across busy st knowing he was espec. incautious b/c saw him almost hit by car and wanted a dime donut) (an. Weirum) (dist. Pulka: N encouraged patrons to exit garage dangerously)
*Encouragement (an. Carmona Michael R.)(dist. Seaber Yania - resp.)
Liability defendant’s driver said he would wait for plaintiff child to cross busy street and third party ran child down
Walt Disney Productions v. Shannon
*Nonfeasance - Program content (D's children's TV show encouraged children to roll BB pellet in balloon) (dist. Weirum: aff. act N just broadcast but speedy red car) (dist. Schwartz: aff. act of waiting for kid down st.)
No Liability defendant’s kid show included SFX expert who taught plaintiff stunt that put out his eye
Seaber v. Hotel Del Coronado
*N D had control over risk (Cal Trans N D controlled dangerous crosswalk when D's pres knew of danger but convinced Cal Trans to reinstall it; P's deceased killed using it) (an. Walt Disney Prod.) (dist. Weirum)
*Intervening efficient cause (letter N prox. cause of injury)
*N D encourages irresponsible person to do something dangerous and innocent person is hurt (Cal Trans resp.)
No Liability plaintiff’s decedent killed while using crosswalk for which defendant had lobbied
Alexander v. Allen
*Involuntary (D screamed after 2 robbers told her to be quiet and 1 robber shot P a guest) (an. Laidlaw: will overborne by threat) (an. Lobert v. Pack Smith v. Stone) (dist. Weirum: deliberately created risk)
No Liability defendant’s scream provoked robbers to shoot plaintiff her guest
Carmona v. Padilla
*Misfeasance (D gives bow/arrow to son) (an. Richardson v. Ham) (dist. Richards v. Stanley: nonf)
*Harm foreseeable/D knew of risk (g'ma knew g'son was hyperactive toy dangerous (obvious/assailant's dad said) 15-month-old P in immed. proximity)
*D had control over risk (g'son didn't know where was)
*D creates risk that resulted in harm to P (showed where hidden permitted g'son)
*D discourages others from preventing harm (D dissuaded P's mother by saying ...big enough....can take care of himself.)
*D encouraged irresp. person to do something dang innoc. person hurt (Negl. entrustment)
Liability defendant grandmother helped grandson find bow and arrow with which he accidentally shot out plaintiff’s eye
O’Toole v. Carlsbad Shell Service Station
*Harm foreseeable/D knew of risk (Obviously drunk driver wanted gas)
*Undertaking (Ds required her to drink 4-5 cups of coffee D employees talked to her for 1 1/2 hrs gave her $ to call her mother to pick her up encouraged her not to drive in her drunken condition)
*Misf (sold gas; struck motorcycle killing P's deceased passenger)
*D encouraged irresp. person to do something dang innoc. person hurt (Negl. entr) (dist. Seaber: N irresp.)
*an: Carmona
Liability defendant gas station sold drunk gasoline to continue on I–5 where she accidentally killed plaintiff
Yania v. Bigan
*Speech/words alone created risk (taunting/inveigling only)
*Misfeasance (speech/words alone not enough)
*N D most immediate cause of risk (P's drowning was result of himself jumping into large mining cut containing water) (an. Seaber: int. eff. cause)
*N D had duty to rescue (b/c D not responsible for placing P in peril)
*N D encourages irresponsible person to do something dangerous and innocent person is hurt (P was responsible adult) (an. Gilmore: resp.) (dist. O'Toole Carmona Weirum Michael R. v. Jeffrey B.: irresp.)
*D invitee to P (on business)
No Liability defendant inveigled plaintiff invitee to jump into hole and then failed to save him
Rubio v. Swiridoff
*Harm foreseeable/D knew of risk (N knew of risk - gf speeding; or harm - gf struck P's mother killing her)
*Interven. eff. cause (D burning rubber out of pkg. lot after 2 had encounter N prox. cause) (an. Yania Seaber Gilmore) (dist. Carmona O'Toole Michael R.)
*N encouragement (gf resp.)(an. Richards v. Stanley) (dist. Weirum: younger more encouragement - here D didn't nec. mean it that way P just interprtd it that way)
No Liability defendant peeled out of parking lot knowing girlfriend would follow and she killed plaintiff’s mother
Montgomery v. National Convoy & Trucking Co.
*Misf./Nonfeasance creates dang. sit. that’s direct cause of injury (jackknifed trucks- nonf. direct cause of injury: 1. misf. jackknifing truck 2. “nonf.” N put out flares; neglected to warn cars around curve they were blocking hwy) (dist. Buchanan Haynesworth - N created dang.)
*N int. eff. cause (P taking reasonable precaut. when ran into D on icy slope)
Liability defendants’ truckers innocently blocked road failed adequately to warn plaintiff’s approaching driver
Buchanan v. Rose
*Nonf/N D created risk (D's agent drove over bridge bridge broke and D's agent failed to warn; BUT bridge already defective) (an. Haynesworth) (dist. Montgomery)
*N Policy would protect Ds (If every driver had to give notice of every known defect in a road naturally resulting from his normal use would make driving too hazardous)
No Liability defendant trucker broke bridge then failed to warn
Haynesworth v. D.H Stevens Co.
*N D created risk (h2o already leaking from boiler through hole in ext. wall/freezing in alley when D plumber responded to complaint) (an. Selger)
*Nonfeasance/failure to warn (D merely failed to fix leak) (an. Buchanan Zepeda)
*N asymmetry of info (P could notice ice just like D) (an. Heard)
No Liability plaintiff fell on ice patch formed by leaking boiler that defendant plumbers were paid to fix
Wlasiuk v. McElwee
*Affirmative act (of inviting; man requested ride and D offered to take him over P's protests) (an. Weirum)
*D encourages irresponsible person to do something dangerous and innocent person is hurt (inviting hitchhiker in dangerous neighborhood into car) (an. Weirum Carmona O'Toole) (dist. Yania Richards v. Stanley)
*Special relationship (driver/passenger - duty to exercise reas. care)
*Harm foreseeable/D knew of risk (common wisdom that picking up hitchhikers is dangerous (foreseeable that man could hold up shoot P) *Intentional misconduct inferred b/c knew it was dangerous neighborhood
*D had control over risk (dist. Martinez Seaber)
Liability defendant picked up hitchhiker in dangerous part of town and he assaulted plaintiff the defendant’s automobile guest
La Russa v. Four Points at Sheraton Hotel
The risk of harm was serious and foreseeable. D had a duty to alert of the danger since the burden of alerting was so low.
Liability plaintiff slipped in pool of water tracked inside by defendant’s delivery person
Marsalis v. La Salle
*D makes promise that P relies on increasing risk to P (D's cat scratched P D promised to keep in/didn't P had bad rxn. to rabies trtmnt) (an. Montgomery: D's nonfeasance increased risk to P) (dist. Selger Van Houten v. Pritchard (cat trespasser): N promise)
*D creates risk to P (cat bit her)
*Flip into New York Central R.R. v. Grimstad: When Marsalis cat returned the vets discovered that it had rabies (b/c there was a BoD in NYCRR but it was not a CiF)
Liability defendant storekeepers promised to hold cat that scratched plaintiff but instead let him out and she got Pasteur treatment
Belhumeur v. Zilm
*Nonf (failed to remove trees) (an. Richards v. Stanley - 3rd party)
*N reliance (mere promise N reliance: D N acted/forbore when P asked D to remove tree in D's yard w/ trespassing bees D agreed but didn't P stung) (dist. Marsalis)
*Mere consideration of an action: obtaining bids not enough of affirmative undertaking to create duty
*D creates risk to P (an. Selger Haynesworth) (dist. Montgomery)
No Liability defendant promised to remove wild bees that had nested on his property and then failed to do so with the result that the plaintiff the next–door neighbor was stung by them
Bloomberg v. Interinsurance Exchange
*Reliance (P's deceased son in worse position b/c of partial performance of promise when D promised to send tow truck for freeway-stranded car and son passenger struck by drunk when truck never came) (an. Marsalis) (dist. Belheumer)
*D creates risk to P (an. Montgomery: failure to act created risk) (dist. Selger Haynesworth)
*Flip into NY Central RR v. Grimstad (Driver struck P's deceased shortly after D's companion called for help)
Liability defendant promised to help stranded boys but after long delay third-party drunk driver hit plaintiffs’ son on freeway
Miller v. Arnal Corp.
There was not a detrimental reliance so it's ok for the D to have abandoned the rescue efforts at any time. The D did not delay or discourage any resuce attempt; rather the D chose not to make an attempt.
No Liability defendant terminated rescue effort which resulted in injuries to stranded hiker
Zelenko v. Gimbel Bros.
*Promise/D takes charge of helpless person (P's deceased collapsed on D's sales flr; D kept her for 6 hrs. w/o any medical care during which she died.) (an. Ocotillo) (dist. Cuppy)
*Rel/isolates helpless person N offers assistance (P incomp.:very ill) (an. Ocotillo)
*Aff. act/D creates risk to P (an. Bloomberg Marsalis) (dist. Yania: P most direct cause of harm)
*Rel/D prevents others from helping P (but for isolation someone would've called ambulance) (dist. Belheumer: could've procured contractor)
Liability defendant store sequestered sick plaintiff customer and she died
Ocotillo West Joint Venture v. Superior Court
*Promise/aff. act (friend gave P's deceased keys after 2 spent pm @ golf crs; friend told D golf cs. emp.s who'd taken away keys that he'd drive P's deceased home got keys)
*Reliance/P's dec. incomp. (drunk) (an. O'Toole: drunk; Zelenko: very ill) (dist. Yania: resp.; Belheumer: N reliance)
*Made worse off (P's deceased safer b4 when golf course employees had keys; after he got in acc died)
Liability defendant gave back to drunken decedent car keys that others had taken from him for his own protection
Cuppy v. Bunch
*N promise/Nonf. (failed to prevent from driving when D1 driving drunk friend D2 to his pkd car telling him to follow) (an. Zepeda: N began rescue) (dist. Zelenko: N took charge) (dist. Ocotillo: gave friend keys; Weirum O'Toole)
*N reliance (would've driven home neway) (an. Belheumer: P N acted/refrained from acting)
*N worse off (drunk friend would be worse off if N following D1)
*D1 drove D2 to D2's parked car (D2 obviously intoxicated)
*D2 injured P
No Liability [For Friend]
Acosta v. Fuentes
*N D worse off (D's waiters carried choking customer P to sidewalk until amb. arrived 30 min. later; later died)
*N reliance/D prevents others from helping (an. Belheumer) (dist. Zelenko: sup. sim. both Ps incompetent) (dist. Bloomberg: P N sought other help)
No Liability defendant’s waiters carried choking plaintiff a customer outside restaurant where he died on sidewalk
Zepeda v. City of Los Angeles
*Nonf./failure to aid (paramedics refused to treat Ps son until police arrived) (an. Yania Cuppy Belheumer) (dist. Ocotillo Hovermale)
*N spec. rel. (police officers owe duty only to publ. @ large; N to individs)
*N P worse off (son would've died NEway) (an. Acosta)
No Liability defendant’s paramedics refused to treat plaintiff’s deceased until police arrived
Riss v. City of New York
*Nonf./failure to aid (D's police did nothing when P who requested protection from rejected suitor was finally maimed) (an. Yania Zepeda)
*N reliance (an. Belheumer)
*N P worse off (an. Acosta)
*Policy: Tort duty to protect others w/ gvmntal services impracticable b/c ltd. police resources/lg. crime
No Liability defendant’s police failed to protect plaintiff from criminal even after she fully explained the threat
Sorichetti v. City of New York
*Promise (D's ct. ordered P's dgtr. into threatening father's custody and also protective order vs. father) (an. Marsalis Ocotillo Hovermale) (dist. Zepeda Riss)
*Reliance (P N sought help elsewhere) (an. Bloomberg)
*P's dgtr. worse off (D's police failed to protect P's dgtr and father stabbed her) (dist. Acosta)
Liability after defendant’s court issued order to give dangerous father partial custody and protective order against his violence defendant’s police failed to protect plaintiff’s daughter even after father threatened daughter and father hurt her
Wanzer v. District of Columbia
*N promise/nonf. (when D's 911 dispatcher failed to send amb. (advised asp. instead) at P's request; P died of stroke) (an. Riss Zepeda) (dist. Sorichetti)
*N P worse off/N D prevented others from helping (in fact Lee's neighb. called 4 amb. 9 hrs. later) (an. Acosta: amb. came 30 min. later) (an. Belheumer: P could've sought contractor) (dist. Bloomberg)
*Policy arg: Otherwise city'd be L for every oversight/blunder of its officials - depleting resources nec. 4 protection
No Liability stroke victim died after 911 dispatcher failed to dispatch ambulance at his request
DeLong v. County of Erie
*Prom./misf. (invited public to call them instead of local police to obtain quicker response; D's 911 dispatcher assured P help would be there right away when called 911 b/c of burglar; cleared call when couldn't find mistaken address) (an. Sorichetti) (dist. Yania Riss Wanzer Zepeda)
*Reliance (P's deceased N sought other help; police stn. 1.5 blks away) (an. Bloomberg Marsalis) (dist. Belheumer)
*Burglar stabbed P she died
Liability plaintiff’s decedent died after defendant’s 911 dispatcher dispatched assistance to the wrong address
Morgan v. County of Yuba
*Promise (D's sheriff promised to warn P's deceased when he released bf she'd turned in but didn't and he killed her) (an. Marsalis Sorichetti) (dist. Riss Wanzer Zepeda)
*Reliance (N sought other help) (an. DeLong Bloomberg) (dist. Belheumer Gomes)
Liability sheriff promised to warn plaintiff’s deceased when he released prisoner she had turned in but did not and prisoner killed her
Hackman v. American Medical Response
The delay or treatment put the P in a worse position. The medics took the affirmative act of assessing the P.
Liability defendants private paramedics arrived at accident scene and evaluated stricken plaintiff; they left when she declined treatment
Mukthar v. Latin American Security Service
The D was under contract to protect P a classic case of duty. Their services caused the P to detrimentally rely on the D's protection.
Liability plaintiff an employee of store that hired defendant to provide security sued defendant for failing to protect her from assailant
Hurley v. Eddingfield
*nonf. (D dr. refused to render aid to P's decedent) (an. Yania Zepeda) (dist. Zelenko Marsalis Morgan v. County of Yuba)
*N no one else could've helped (could've called another dr.) (dist. Tarasoff Bradshaw)
*N D has control over risk (an. Burks) (dist. Lopez Black Baxter)
*N rel. matured
No Liability defendant doctor refused to render aid to plaintiff’s decedent
O’Neill v. Montefiore Hospital
*misf. (P's husband w/ hrt attk symptoms died after D hospital took info told to return 3 hrs later when dr. affil. w/ ins. Plan would b there) (an. Morgan DeLong Sorichetti Hovermale) (dist. Hurley Zepeda Gomes Wanzer Riss)
(flip into Zepeda: admitting nurse told P and husband that hospital could not treat them)
Liability plaintiff’s husband died after defendant’s doctor told him to come back later
Baxter v. Roberts
*misf. (actively took P to place of danger) (dist. Hosein) (flip Baxter into Hosein: D told P he was taking P into boundary dispute and there might be gunfire) (dist. Hurley)
*Asymm of info
*D knew of risk (dist. Gilmore: unforeseeable here foreseeable)
*D has control over risk/ ability to control P (an. Wlasiuk)
*P N able to protect self (Weirum)
Liability defendant took uninformed employee the plaintiff into boundary fight where he was shot
Burks v. Madyun
*N D knew of risk (D knew her sons having gang probs N that gangstrs would shoot P while bbsitting sons) (an. Gilmore Selger) (dist. Baxter)
*Nonf. (failed to warn P of gang probs) (an. Hurley) (dist. Baxter Wlasiuk Morgan v. County of Yuba)
No Liability gang members shot plaintiff while babysitting defendant’s sons
Hosein v. Checker Taxi Co.
*Nonf. (D cab co. failed to install protective partition in P's cab robber shot him) (an. Burks Hurley) (dist. Baxter Wlasiuk Morgan v. County of Yuba)
No Liability defendant failed to install protective partition in plaintiff’s cab and robber shot him
Black v. New York N.H. & H.R.R.
*Misf. (D's employees assisted obv. Drunk P off train/placed precar. @ top of stairs; he fell down) (an. Baxter Morgan v. County of Yuba Wlasiuk)(dist. Burks Hurley)
*Ds had control over risk/abil. to control D (an. Zelenko)
*Asymmetry of info (P too drunk to appreciate risk) (dist. Heard: both D/P knew of shallow h2o)
*Common carrier/pass.
Liability plaintiff fell down stairs after being assisted off a train by defendant’s employees
Lopez v. Southern California Rapid Transit District
*Common carrier/passenger (D's bus driver failed to call help to prevent P pass. From crim. Assault on bus) (dist. Herzlich Burks: both nonf. but there N spec. rel.)
*D had control over risk (an. Zelenko Black Baxter Wlasiuk)
Liability defendant’s bus driver failed to call help to prevent plaintiff passenger from being assaulted
Gray v. America West Airlines
*N D had control over risk (P tripped on luggage left by another pass.) (an. Burks Herzlich Martinez) (dist. Baxter Zelenko Wlasiuk Black Lopez)
*N common carrier/pass. (P attending passenger D's airport counter) (an. Herzlich) (dist. Lopez)
*N asymm. of info (P could've noticed bag as well as D)
No Liability plaintiff passenger tripped on luggage left by another passenger at defendant’s airline counter
Brosnahan v. Western Air Lines
*D had control over risk (D's flt. Attndts. Failed to help pass. Stow heavy suitcase which hit P another pass. On head) (an. Burks Herzlich Martinez) (dist. Gray Baxter Zelenko Wlasiuk Black Lopez)
*Common carr./pass (P passenger; on airplane) (an. Lopez Black) (dist. Herzlich)
Liability defendant’s flight attendants failed to help passenger stow heavy suitcase which bonked plaintiff passenger on head
Brasseaux v. Stand By Corp.
*inkeeper/guest (D hotel failed to warn guest of bees and they swarmed him) (an. Brosnahan Stagl Lopez) (dist. Gray Herzlich Belhumeur)
*Asymm. Of info (D knew of bees; day b4 exterm. had told he couldn't remove hive) (an. Baxter Black) (dist. Gray)
Liability defendant innkeeper failed to warn plaintiff guest of bees and they swarmed onto him causing him to fall
Tarasoff v. Regents of University of California
*spec. rel. (psych./patient spec. rel. extends to P) (an. Lopez Brasseaux: here more radical b/c extends) (dist. Zepeda Yania Burks: nonf. in both there N spec. rel. there)
*Assym. Of info. (D psych. Failed to warn P's dec. of threat made by patient; only D knew P totally ignorant) (an. Baxter Black) (dist. Stangle Gray)
*Foreseeable (an. Weirum) (dist. Herzlich)
*D only one who could help prevent harm to P (dist. Zepeda: P could N prev. injury)
Liability defendant psychiatrist failed to warn plaintiff’s deceased of threat made by patient
Gomes v. Commercial Union Insurance Co.
*Nonf. (D's hotel guests told D's desk clerk ~ fire nxt. dr. @ P's gas station; he promised to call police but N) (an. Yania Zepeda Riss Wanzer) (dist. Marsalis Sorichetti Zelenko (isolated her))
*Promise N to P only to D's guests (N Swift; duty owed only 2 client N client's employees)
*N reliance (N knew of promise) (an. Belheumer) (dist. Bloomberg)
*N made P worse off (an. Acosta) (dist. Zelenko: here D N isolated P)
No Liability defendant’s hotel guests told defendant desk clerk about fire next door at plaintiff’s gas station and though he promised to take care of the problem did nothing
Menu v. Minor
(D's cab driver N notified/set flares when picked up stranded driver from wrecked car on interstate)
*N D only one who could help (dist. Tarasoff)
*N D created risk (an. Zepeda Haynesworth: others could've aided) (an. Pulka)
*Nonf. (dist. Montgomery: jackknifed; O'Toole)
No Liability defendant’s driver picked stranded driver off Interstate but failed to radio about fare’s wrecked car into which plaintiff crashed
Davidson v. City of Westminister
*Nonf. (D's police failed to warn P that murder suspect was walking into her laundromat; he stabbed her) (an. Zepeda Riss) (dist. Morgan v. County of Yuba Schuster Weirum)
*N D created risk (an. Rubio) (dist. Montgomery)
No Liability defendant’s police officers failed to warn plaintiff that murder suspect was walking into her laundromat and he stabbed her
Lugtu v. California Highway Patrol
*D created risk (D's CHP officer directed driver to center median of fwy; errant driver struck car injured all pass.s) (an. Morgan v. County of Yuba Zelenko) (dist. Zepeda Davidson Fiala Menu)
Liability defendant’s CHP officer directed driver to stop in center median of freeway and errant driver struck car injuring all occupants
Schuster v. City of New York
*D police dept. invited P (P's deceased saw flyer helped Ds capture crim. told Ds being threatenedDs N protected) (an. Sorichetti Marsalis: promise) (dist. Riss)
*N opp. For V precaut. (an. Tarasoff)
Liability plaintiff’s intestate shot and killed after assisting defendant’s police to capture dangerous criminal
Burdette v. Marks
*Promise/aff. act: D police officer refused to assist citizen protecting motorist vs. assailant (an. Schuster Morgan v. County of Yuba) (dist. Zepeda Davidson)
*Read broadly not narrowly (doesn't seem to fit)
Liability defendant peace officer refused to assist citizen who was protecting motorist against an assailant
Hulsey v. Safeway Inc.
*Nonf./N created risk (P worked w/ D's asst. mgr. to try to apprehend shoplifter was injured) (an. Zepeda Davidson) (dist. Schuster Burdette)
*N D invited P
No Liability plaintiff worked with defendant’s assistant manager to apprehend shoplifter and was injured in the chase
Johnson v. State
D's Youth Authority placed homicidal minor in foster home; attacked uninformed mother P
*asymm. Of info. (Ds knew P N) (an. Baxter Kuchlik) (dist. Heard)
*D created risk (an. Schuster Wlasiuk: invited)(dist. Zepeda Davidson)
Liability defendant’s Youth Authority placed homicidal minor in foster home and he attacked uninformed plaintiff foster mother
Hansra v. Superior Court
The actions of the killer were not foreseeable. There was no special relationship between the D and the P or a close connection between the harm to P and the actions of D.
No Liability defendants who were inlaws of plaintiffs’ deceased disliked her socially isolated her and further destabilized deceased’s husband prompting husband to kill plaintiffs’ deceased his wife
City of Boca Raton v. Mattef
*Bare licensee or trespasser (so N duty to inspect) (P killed while painting D town's h2o tower; N contract yet) (an. Stangle) (dist. Stagl)
*Nonf. (N contract) (an. Selger)
*N D knew of risk (latent defect) (an. Selger) (dist. Stagl)
*N foreseeable (dist. Stagl)
*N D able to control P (dist. Stagl Yania)
No Liability plaintiff painter killed while painting defendant town’s water tower
Goode v. Walt Disney World
*Invitee (P's child drowned in D's inadequately protected Cinderella's Castle moat) (an. Stagl) (dist. Mattef: bare licens/tresp.)
*Asymm. of info. (D too young to appr. risk) (dist. Yania)
Liability plaintiff’s child drowned in defendant’s unfenced moat
Davies v. McDowell National Bank
*Licensee (N duty to inspect) (P's decedents paying social call on D's decedent died of CO poisoning b/c vent had rusted shut) (an. Mattef: bare licensee) (dist. Goode Fox Stagl: invitees/duty to inspect)
*N asymmetry of info/D did not know of blocked heater vent (an. Mattef: latent cond. D N knew) (dist. Rowland v. Christian: D knew)
*Nonf (failed to fix vent)
flip Davies into Fox: P's decs came on business (would be same case)
No Liability because of improperly maintained vent plaintiffs’ decedents died from carbon monoxide poisoning in defendant’s decedent’s office
Allen v. Slim Pickens Enterprises
*licensee (P D's house guest slipped on long grass) (an. Mattef: bare licensee/tresp.) (dist. Fox: invitee; also there D had opp. to control harm) (dist. Goode)
*natural condition (
*nonf. (failed to cut grass) (an. Davies: failed to fix vent) (dist. Lordi: both licensees but aff. act)
*N asymm of info (P could see grass; D N there @ time) (an. Davies: D N knew) (dist. Lordi)
No Liability plaintiff who was defendant’s house guest slipped on long grass
Maher v. Voss
*Asymm. of info (same ans/dist. as below)
*Trap (D unlikely to discover cond. when P D's house guest opened closet basement strs fell down) (an. Goode (child N apprec. risk) Fox (would've disc. Upon inspection) Lordi) (dist. Allen Davies Mattef)
Liability plaintiff defendants’ house guest opened defendants’ ‘closet’ which was really the basement stairs and fell down them
Baer v. Van Huffell
*Nonf. (P looking 4 bathrm fell down D's basement strs) (dist: Maher - misfeasance - actively encouraged P to think it was bathrm door; flip Baer into Maher: Ds put flipover sign on basement door w/ occupied/vacant on it) (dist. Lordi)
*N asymm of info (P could've bthrm by looking through open util. rm. door; had visited b4 had been 2 basement (an. Allen Mattef Davies) (dist. Maher Lordi)
No Liability plaintiff looking for bathroom fell down basement stairs
Rowland v. Christian
*Trap/asymm. of info. (D failed to warn social guest P of broken faucet he hurt hand) (an. Maher Fitch Louis: Ds knew N Ps) (dist. Baer: basemenet steps common; flip Baer into Rowland: Baer Ds possessed one of only 2 basement steps in whole state of OR; flip Rowland into Baer: Rowland faucet handle was patched w/ red duct tape and warning sign) (dist. Davies Allen: Ds N knew)
*High prob. P would suffer injury (an. Lordi) (dist. Baer)
Liability defendant host failed to warn plaintiff her guest of broken faucet and he hurt his hand
Cleveland Electric Illuminating Co. v. Van Benshoten
*Unknown tresp. (P w/o permission lit match in outhouse over manhole on D's prop explosion) (dist. Rowland: licensee) (dist. Fox: neither P knew; but there invitee)
*nonf. (failed to warn) (an. Davies: failed to fix rusted vent) (dist. Lordi)
No Liability plaintiff injured when he ignited gas in manhole on defendant’s property
Ehret v. Village of Scarsdale
sleeping P trespasser asphyxiated by gas in vacant house under constr. by D builder
*aff. act/active negl. (D encased gas pipe in drainage pipe) (an. Maher: hung coats in basement strs Richardson v. Ham Lordi) (dist. Pulka Cleveland Davies)
Liability sleeping tresspasser asphyxiated by gas in vacant house under construction by defendant
Keffe v. Milwaukee & St. Paul R. Co.
*Attractive nuisance (P child caught leg while playing on D's unfastened RR turntable):
*Asymm. of info. (D knew dangerous when unfastened P too young to apprec.) (an. Ehret: D created risk by encasing drng pipe) (dist. Davies)
*Anticipated tresp. (D knew many children in habit of trespassing on it) (an. Ehret: knew would be dang. to any in vicin tresp. or N) (dist. Elliman Cleveland)
*N recr. use of priv. prop.
Liability child injured while playing on railroad’s turntable
Ornelas v. Randolph
P child tresp. hurt playing on D's old farm eqpmt.
*Recr. Use of priv. prop. (several children played on it) (an. Shipman)
*N anticipated tresp. (N likely children would play on farm eqpmt.) (an. Elliman Cleveland) (dist. Keffe) (dist. Ehret: antic. risk to anyone)
*N D knew of risk (farm eqpmt. N known to be inherently dang.) (dist. Ehret)
No Liability plaintiff child trespasser hurt playing on defendant’s old farm equipment
Yazzolino v. Jones
*Invitee (so duty to inspect) (tenant's guest) (D landlord failed to fix dangerous hand railing; tenant's child's guest fell off strs) (an. Fox West Brasseaux Goode: invitees) (dist. Mattef Gilmore: bare licensees)
Liability defendant landlord failed to fix dangerous railing and tenant’s child’s guest fell off stairs
Brooks v. Eugene Burger Management Corp.
D landlord failed to fence apt. complex P tenant's son run down on st. outside
*Defect N on premises (an. Pulka Selger) (dist. Fox Mucsi Goode Yazzolino)
*Nonf (D N created risk - busy st just failed to protect vs. it) (an. Pulka Selger Mattef)
No Liability defendant landlord failed to fence apartment complex and plaintiff’s son run down on street outside
Calkins v. Cox Estates
*Invitee (duty to inspect) (child tenant (t's gson) escaped through D's plygrnd hole in fence killed by car) (an. Musci Goode Fox Yazzolino)
*D knew children would play b/c plygrnd (an. Keffe) (dist. Ornelas: old farm eqpmt.)
*Asymm. Of info (P's deceased N apprec. risk child) (an. Kingrey Rowland Musci Goode) (dist. Yania Heard Davies)
*Foreseeable (dist. Gilmore)
*Defect. cond. on prop. (dist. Brooks)
*Misf. (dist. Brooks)
Liability defendant’s playground fence developed a hole through which tenant’s grandson escaped and was killed by a car
Shipman v. Boething Treeland Farms Inc.
*Recreational use (D's farm employee negl. Collided w/ trespassing ATV driver) (an. Ornelas)
*Unantic. Trespasser (an. Cleveland Haskins) (dist. Keffe Herrick)
No Liability defendant’s farm employee negligently collided with trespassing ATV driver
Cornell v. Aquamarine
*Nonf (D resort hotel allowed P guest to play racketball w/ improper shoes) (an. Yania)
*N defect in land (an. Brooks v. Eugene Burger: busy st.) (dist.: Fox (both invitees hurt on bus. prem) Brasseaux)
*Opp. For V precaut. (played racquetball w/ improper shoes) (an. Gilmore) (dist. Fox: dk. theatre)
No Liability defendant resort hotel allowed plaintiff a guest to play racketball with improper shoes
Portillo v. Aiassa
*Foreseeable (P bitten by vicious dog on D's premises; would've seen news article) (dist. Brooks v. Eugene Management Corp.)
*Risk on prop. (dist. Brooks v. Eugene Mgmt Co.)
*N opp. For V precaut. (dist. Brooks v Eugene Mgmt Co.)
*P invitee to landlord (duty to inspect) (an. Brasseaux Mucsi v. Graoch Yazzolino) (dist. Wise: wife/husb. N spec.)
*Landlord's responsiblity to remove risk (N tenant) (an. Mucsi Yazzolino)
Liability plaintiff bitten by vicious dog on defendant’s premises
Salevan v. Wilmington Park Inc.
P while passing otuside D's baseball pk struck on head by foul ball
*Foreseeable (escaped balls predictable/regular: 2-3 times per game) (dist: Bolton v. Stone: house had been hit b4 but N every game) (dist. Pulka)
*N opp. for V precaut. (dist: Bolton v. Stone where P moved near park knowing of risk)
Liability plaintiff while passing outside defendant’s baseball park bonked on head by foul ball
Isaacs v. Huntington Memorial Hospital
*Special rel (invitee: D hsptl failed to protect P dr. employee from crim. attk in pkg. grg) (an. Tarasoff Lopez) (dist. Davidson)
*Aff. act (hospital ratified it when parking garage took away sec. guards' guns) (an. Nigg: hiring crims 4 laundromat) (an. Ocotillo) (dist: Davidson)
*Inf. on D's prop. (hosp. owned prkng grg (dist. Davidson Brooks)
*Prior sim. crimes: hptl in high crime area; Ds knew of numerous prior crimes on hsptl. premises in 3 yrs. prior
*Note: This case gets limited pretty sharply
Liability defendant hospital failed to protect plaintiff doctor an employee from criminal attack
Boyd v. Racine Currency Exchange Inc.
Robber told D's teller to give $ or he'd kill P's deceased cust but she refused
*Policy: would encourage hostage-taking if D L to help P (b/c must yield to robbers' demands) (dist. Sinn: N must yield to demands to help P)
*H cost to protect P (dist. Sinn: L cost - there P could have moved away; here must deliver $)
*Nonf. (an. Davidson Isaacs) (dist. Nigg Johnson (foster))
*N voluntary (sit. developed quickly) (an. Laidlaw) (dist. Sinn)
No Liability robber told defendant’s teller to give money or he would kill plaintiff’s deceased a customer but she refused
Bigbee v. Pacific Telephone & Telegraph Co.
*Foreseeable (D maintained door-jammed phone booth next to busy st drunk hit P cust. trying to escape)
*P invitee of operator (since using phone booth) (dist. Pulka Martinez: P N using garage/phone booth) (dis. Fiala v. Rains: licensee social guest)
*Inj. on D's prop. (dist. Martinez: D shot in own pkg. lot)
*Aff. Act (placed booth right nxt 2 busy hwy) (an. Nigg Bloomberg) (dist. Fiala v. Rains)
Liability defendant maintained defective phone booth next to busy street and drunk hit plaintiff customer trying to escape
Tucker v. KFC National Management Co.
P attacked @ D's restaurant by another cust.
*H cost to protect P (sec. guard; wrng. would N have helped) (an. Boyd) (dist. Sinn: easy to warn P)
*Nonf. (an. Davidson) (dist. Isaacs: both spec. rel./crime on D's premises but there disarmed sec. guard) (dist. Bigbee Nigg)
No Liability plaintiff injured at defendant’s restaurant by another customer
Frances T. v. Village Green Owners Association
D disarmed P member failed to protect her from rob/rape
*Inj. on D's prop. (dist. Donnell: public st.; Martinez: P shot in own pkg lot)
*Aff. Act (D made P remove lights she installed) (dist. Donnell)
*L cost to protect P (an. Sinn) (dist. Tucker: sec. guard; Boyd: give $)
*Spec. rel.: invitee/tenant (an. Sinn Salevan)
*Prior sim. crimes (P's condo burglarized few yrs. prior/crime wave) (an. Isaacs) (dist. Ann. M)
*N opp. for V precaut. (P installed own ltng after requests denied; D made her turn off) (an. Bigbee)
Liability defendant disarmed plaintiff member and failed to protect her from criminal attack
Ann M. v. Pacific Plaza Shopping Center
P raped in D's shopping ctr. due to inad. sec.
* N D knew of prior sim. crimes (ev. but Ds recorded viol. crimes/had N record of them) (dist. Isaacs: Ds knew of crime pattrn)
*Less spec. rel. (More atten. - invitee b/c tenant's employee) (an. Donnell: school/stud.) (dist. Isaacs: employee; Soldano: invitee)
*H cost to protect P (sec. guards) (an. Tucker: sec. guards) (dist. Isaacs: only arm sec. guards)
No Liability plaintiff injured on defendant’s property due to inadequate security
Sharon P. v. Arman Ltd.
P crim. assaulted in D's commercial pkg. garage
*N D knew of prior sim. crimes (no known prior sim. in grg just bank robbers in bank above; other crimes in 50-block area but D N knew/too far away/unrelated) (an. Ann M.) (dist. Isaacs Frances T.)
*H cost to protect P (sec. guard for sml pkng lot - 70 spaces) (an. Tucker Boyd) (dist. Sinn)
No Liability plaintiff criminally assaulted in defendants’ commercial parking garage
Saelzler v. Advanced Group 400
Unfair burden on D to have 24 hour security that might not have even prevented the harm to the P. This harm was only generally foreseeable based on the prior attacks.
No Liability plaintiff assaulted at defendants’ extremely dangerous apartment complex but plaintiff given the extreme danger of the complex failed to prove that additional security precautions would have prevented the assault
Vasquez v. Residential Investments Inc.
D landlords failed to replace glass windowpane through which murderer entered P's dec's apt.
*L cost to protect P (limits Sharon P - dist: $15 pane of glass)
*Special rel. (tenant/invitee) (dist. Sharon P./Donnell v. Cal Western: less special rel.)
*On premises (an. Frances T.) (dist. Donnell: public rd.)
*Prior sim. crimes (dang. nghbrhd) (an. Frances T. Isaacs) (dist. Sharon P.)
*Aff. act (rented apt. w/ broken window pane) (an. Nigg)
*Prox. cause - but 4 broken window pane murder wouldn't've happened (dist Sharon P.: sec. cameras N working but N evidence assailant knew)
Liability defendant landlords failed to replace glass window pane through which murderer entered plaintiffs’ decedent’s apartment
Delgado v. Trax Bar & Grill
D bar asked P to leave b/c custs. wanted to fight him; then failed to protect him
*Foreseeable/D had actual notice (D's guard knew fght likely to occur w/o his intrvntn on) (dist. Ann M)
*Aff. act (sec. guard told him to leave which increased P's risk) (an. Frances T.: made take down ltng) (dist. Ann M. Sharon P.: nonf.)
*Spec. rel. (invitor/invitee) (dist. Donnell)
*L cost to protect P (maintain separat. b/w P/assailant; dissuade assail. from following; confirmed outside guard was @ his post) (an. Isaacs: re-arm sec. guards) (dist Tucker: sec. guard)
*Special rel (invitor/invitee means invitor must take minimal measures to protect P)
Liability defendant bar asked plaintiff to leave because other customers wanted to fight him and then failed to protect him
Morris v. De La Torre
*L cost to protect P (D 's employee dial 911 crouching behind counter to avoid visibility) (an. Delgado) (Dist. Tucker)
*Harm foreseeable (Ds could see fight; assailant entered requesting knife) (an. Vasquez: rented w/o pane dang. nghbrhd) (dist. Ann M.: N knowl. of this or prior crimes)
*High prob. P would suffer injury (knife) (an. Soldano: assault imminent) (dist. Ann M.)
*Prox. cause (if police came earlier harm mitigated) (dist. Sharon P.: N wrkg sec. cams N would make diff.)
*Policy of preventing future harm (rest. Os stop more crimes if know L to act)
*Spec. rel. (friend of cust.) (extnds an. Soldano: invitee) (dist. Stangle (may overrule))
*Extreme case b/c of tenuous special rel.
Liability defendant restaurant’s employees watched customers’ friend being stabbed without calling 911
Casteneda v. Olsher
P shot in his mobile home park by gang members whom D park O failed to evict
*N foreseeable (D was notified assailants maybe gang members but N showed poss. of gun violence.
*N D knew of prior sim. crimes: N indic. assail.s had possessed/used gun in past or that they were members of rival gang from gang posting graffiti) (an. Sharon P. Ann M.: insuff. ev.) (dist. Barber: letter ~ Daniel brandished gun)
*H cost to protect P (must evict; N could call police b/c nothing to report) (dist. Barber: call police)
No Liability plaintiff shot in his mobile home park by gang members whom defendant park owner failed to evict
Yu Fang Tan v. Arnel Management Co.
The list of priors indicated that this was foreseeable. Moving the secutiy gate would have helped and the burden of that was low.
Liability defendant landlords failed to implement minimal security improvements as a result of which plaintiff tenant was shot
Winterbottom v. Wright
P postal driver sued gvt. contractor after its coach collapsed w/ him on it threw him lame for life
*Nonf. (failed to maintain mail-coaches N manufactured it in defective way) (an. Hurley/Zepeda/Haynesworth: med. emerg./leak already existed) (dist: Carmona: created risk) (dist. Richardon v. Ham: both poorly maintained vehcls; there more aff. act)
*N privity of contract (coach driver stranger to contract b/w D/Postmaster-General) (an. Haynesworth: P stranger to contract b/w building-owner/plumber)
*N private contract (public)
*N D knows of defect/risk (D did not know coach would be driven by P; N ev. D knew of defect in construction)
*N prod. inherently dang. (mail-coach)
*N policy would protect D: Ds'd be L for all kinds of torts to Ps
No Liability plaintiff postal driver sued government contractor after its coach collapsed with him on it
Langridge v. Levy
P hurt when gun father bought from D blew up
*Fraud/misf. (D sold shoddy gun falsely alleging made by Nock) (an. Carmona: willful deceit - told P's mom N to worry)
*Prod. inherently dang. (gun) (dist. Winterbottom: sup. sim. both one party contracting for P (PG for coach-master father for son); flip Winterbottom: PG tells driver P that service outstanding/to use carriage w/ confidence)
*P end/aim (D knew P's father'd let P use gun) (an. Carmona v. Padilla: D knew risk to spec. P)
*Aff. act (an. Carmona Weirum) (dist. Haynesworth Hurley)
*Policy would prevent future harm to Ps (increase quality of guns sold to Ps)
Liability plaintiff hurt when gun bought by father from defendant blew up
MacPherson v. Buick Motor Co.
P sued auto manuf. (N contract) after auto wheel collapsed hurt him
*Prod. inher. dangrs to life when ngligntly made (wheel supports car) (an. Langridge) (dist. Winterbottom: there less dang. if defect.)
*D could discover defect by reas. inspxn/failed to (1 of wheels made of defect. wood spokes crumbled into fragments)
*Misf. (an. Langridge) (dist. Winterbottom: neither had priv. of contract (here w/ dealer N manuf; there man. had N contract w/ supplier/maintainer also both defect. vhcls; but nonf. there)
*Foreseeable result in harm (defective construction of wheel for auto designed to go 50 mph)
*D knows danger will be shared by 3rd parties other than purchaser (seats for 3; buyer was reseller)
*D manuf. of finished product (wheel N parts) (dist. Haynesworth: nonf)
Liability plaintiff sued auto manufacturer with whom plaintiff had no contract after auto wheel collapsed and hurt him
Field v. Empire Case Goods Co.
Ps bed collapsed w/ her on it sued D bed manuf. (N contract)
*N inher. dang. as constructed (bed N dngrs when neglig. constructed) (an. Winterbottom) (dist. Tonsman Langridge MacPherson)
*N priv. of contract (an. Haynesworth)
*Nonf. (an. Haynesworth)
*N D has notice of defect (dist. MacPherson: upon reas. inspxn)
*N Foreseeable (dist. Langridge)
No Liability plaintiff sued bed manufacturer with whom she had no contract after bed collapsed with her on it
Maecherlein v. Sealy Mattress Co.
Ps bed spring stuck her sued bed manuf. (N contract)
*Prod. N service (prod. defect) (overrules Field: N need privity anymore for prod. defects) (an. (radically extends) MacPherson Tonsman Langridge b/c not dangerous to life dangerous to life as constructed or food) (dist. H.R. Moch Strauss Lilpan White)
Liability plaintiff sued bed manufacturer with whom she had no contract after bed spring injured her ‘gluteal prominence’
Glanzer v. Shepard
D public weigher certified wrong weight of P's buyer's beans P paid too much
*D able to price out risk of own negligence (buyer known end/aim of transxn to get knowable/identifiable P correct weight) (dist. Winterbottom: in both contract to perform service; neglgtly performed so Ps N parties to contracts hurt; but there D N knew ID of P)
*Misf (an. Langridge MacPherson (man. fin. prod.) Tonsman (same)) (dist. Haynesworth)
Liability plaintiff sued public weigher with whom he had no contract after weigher certified wrong weight
H. R. Moch Co. v. Rensselaer Water Co.
Ps warehouse burned down b/c D failed to maintain h2o pressure
*N D able to price out risk of own neglgnce (jewelsnewsprint etc. could be in warehouse) (an. Wntrbtm Hynswrth) (dist. Glanzer: both service; but here hydrant service N just for P there P end/aim of service)
*Service N prod. (dist. Langridge Tonsman MacPherson)
*N priv. of contract (contrct b/w city/water co. to provide fire hydrant service P stranger to contract) (an. Haynesworth Winterbottom)
*Nonf. (failure to maintain pressure)(an. Haynesworth Selger: N warned/cleaned) (dist. MacPherson: neither priv. of contrct; but misf. there) (dist. Glanzer: misf)
No Liability plaintiff’s warehouse burned down because defendant failed to maintain water pressure to hydrants that firefighters needed to save it
Food Pageant Inc. v. Consolidated Edison Co.
The person working at the power company was grossly negligent. There was privity between this person and the D. The charge from D to P was based on use not a monthly fee for example so this was factored in.
Liability plaintiff supermarket sued for food spoilage and lost business caused by defendant’s gross negligence in allowing electrical blackout to occur
Strauss v. Belle Realty Co.
P tripped during great blackout sued D power co. and apt. bldg.
*N D able to price out risk of own negl. (P unknown to D) (an. H.R. Moch) (dist. Glanzer)
*N priv. of contract (landlord/power co. P was stranger) (an. Winterbottom H.R. Moch Co. Haynesworth)
*Mult. causes (N prox. cause): (stairs defective too so landlord contr.'d to dang. sit.) (dist. MacPherson: 1 cause: defective wheel)
*Service N prod. (electricity to apt. bldg) (an. H.R. Moch Co.) (limits MacPherson: both N privity of contract) but there prod.)
*N policy would protect Ds (would not place controllable limits on L.y)
*Somewhat (intermed.) nonf. (N restoring power for 25 hrs.) (an. H.R. Moch)
No Liability plaintiff who tripped during blackout sued power company that served the building in which he rented his apartment
Lilpan Food Corp. v. Consolidated Edison Co.
*Correlated losses (N D able to price out risk of own negl.: D failed to supply power to entire city during blackout) (an. Strauss) (dist. Weirum: both encouraged crazy behavior and 3rd party P hurt but there uncorrelated losses)
*D N able to price out risk
*Service
No Liability plaintiff’s supermarket vandalized during blackout caused by the defendant
White v. Southern California Edison Co.
P injured in collision @ unlit intsxn sued D power co.
*N D able to price out risk of own negligence (P unknown beneficiary of D public utility co's services) (an. H.R. Moch Strauss) (dist. Doyle: risk more homog. w/ homes)
*Service N prod. (to maintain/repair st. lamp @ intrsxn) (an. Strauss Lilpan H.R. Moch)
*N priv. of contract (power co./city had contract N P) (an. Haynesworth Winterbottom)
*Nonf. (an. Pulka Haynesworth) (dist. Glanzer: both N privity of contract; but there misweighed beans)
No Liability[For Power Company]
Biakanja v. Irving
P heir got less b/c notary public N followed formalities
*D able to price out risk of own negligence (P end/aim of D's service - get prop. to P; P was known) (an. Glanzer: get proper weight to P; Doyle: risk homog.) (dist. White Lilpan Strauss Moch: services to many P N end/aim)
*Misf. (N procured witnesses correctly) (an. Glanzer: misweighed beans) (dist. White: failed to restore light)
Liability plaintiff heir got less than he deserved because defendant notary public did not follow formalities
Clagett v. Dacy
purchasers at foreclosure sued attorney with whom they had no contract after sale set aside b/c of error
*N P able to price out risk of own negl. (P N end/aim of contract - creditors were) (an. Wntrbtm H.R. Moch Strauss Lilpan) (dist. Biakanja: both 3d party hurt b/c of negl. following of procedure) (dist. Doyle)
No Liability purchasers at foreclosure sued attorneys with whom they had no contract after sale set aside because of error
Ultramares Corp. v. Touche
P suffered economic loss because of error of accountant with whom plaintiff had no contract
*N D able to price out risk of own negl. (P N end/aim of service; potential Ps depended on how co./Ps used info.) (an. Clagett White H.R. Moch Hynswrth) (dist. Glanzer: both service/3rd prties injured; but here U would N know how much to charge to cover negl.; also there L N depended on way P used info) (dist. Biakanja Doyle: there U'd know how much 2 charge)
*Nonf. (weak b/c created financial cases) (an. Hynswrth) (dist. Glanzer)
No Liability plaintiff suffered economic loss because of error of accountant with whom plaintiff had no contract
Credit Alliance Corp. v. Arthur Anderson & Co.
P suffered economic loss because of error of accountant with whom plaintiff had no contract
*N P able to price out risk of own negl. (same case as Ultramares see above) (dist. European American case - accounting firm knew P was end/aim of their audit and interacted w/ P during auditing of co.)
No Liability plaintiff suffered economic loss because of error of accountant with whom plaintiff had no contract
Einhorn v. Seeley
P house guest assaulted after D locksmith failed to fix lock properly
*Sec. services/products (dist. Bigbee: both def. door mech.)
*N priv. of contr. (b/w landlord/locksmith N P) (an. Winterbottom (PG/carriage provider)
*N D able to price out risk of own negl. (L to indeterminate unknown # of Ps for unknown amounts of $ for damage) (an. White Wntrbtm) (dist. Frances T.: P end/aim) (dist. Doyle: home risk hom.)
*N policy would protect Ds (to extend liability to any bldg. guest)
*More nonf. (not fixing lock properly) (an. Winterbottom Hynswrth) (dist. Glanzer Langridge)
No Liability plaintiff house guest assaulted after locksmith had failed properly to fix lock on apartment building front door
Russo v. Grace Institute
Ps assaulted when robbers used D neighbor’s scaffold
*Misf. (erected scaffold next to P's bldg created risk of intrsion) (dist. Einhorn: both D's neg. so bad people got in harmed Ps; but there failed to fix broken lock; also sec. service)
Liability plaintiffs assaulted when robbers used defendant neighbor’s scaffold
Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.
P sued inspector of fire alarm system and maintainer of system after fire burned inventory
*D N can price out own neg. (Ds customers' tenants could be storing jewls/newsprint) (an. H.R. Moch Einhorn) (dist. Doyle Biakanja) (dist. Glanzer: knew exactly what pot. L'd be if negl. b/c knew how many beans there were)
*Sec. services/prods. (an. Einhorn v. Seeley)
*Nonf. (failure to test/replace old sprinklers/properly install/maintain alarm system) (an. Hynswrth Wntrbtm) (dist. Langridge Russo)
*N privity of contract (contract b/w Ds and bldg. owners; understanding that risk of loss to potential Ps fell on bldg. owners)
*N policy would protect Ds (would not keep Ds' services @ affordable rate)
No Liability plaintiff sued inspector of fire alarm system and maintainer of system after fire burned inventory
Palka v. Servicemaster Management Services Corp.
The charge from the D to the P was really high and the agreement between them was comprehensive and exclusive. This harm was the end and aim of the contract. There was no privitity but the number of potential people being harmed was limited (private vs public)
Liability plaintiff hospital nurse sued defendant which had undertaken to maintain hospital fan that fell on plaintiff
Church ex rel. Smith v. Callanan Industries
The danger here was obvious. There is a limitless number of potential people being harmed. The harm was temporally separated from the D's roadwork.
No Liability plaintiffs injured because subcontractor on public project failed to install proper guiderail
Jackson v. Ryder Truck Rental Inc.

The P paid D a lot and this was the end and aim of the contract. This was a misfeasance. The list of potential Ps was limited.
Liability decedent died after his employer’s truck broke down and passing motorist struck him; his administrator sued defendant which had contracted to maintain truck