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49 Cards in this Set
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Byrne v. Boadle |
flour barrel fell on P from D's warehouse
*Normal proof reqs would yield too many false negatives (P couldn't remember anything N witnesses) (an. Seigler: N know how gas started on fire) (an. Vaughan v. Menlove: no one saw how hayrick fire started/barrel fell) *Compl. error: e.g. looking/warning/lowering safely (an. Anjou: N cleaned flr) *This type of accident does not ordinarily occur w/o negligence (flr. barrels N just fall on people) (an. Vaughan v. Menlove: haystacks don't just set on fire/barrels don't just fall from windows) (dist. Bolton v. Stone: balls fly out of parks w/o negl.) *D had excl. control of instrumentality that caused harm (D's servants lowered barrels from D's shop) (an. Anjou: peel was on their platform (although N excl. control)) (dist. Hanton: N negl. cause (in D's ctrl) more prob.) *P did not contribute to his own injury or voluntarily encounter risk that led to it (walking by underneath) *D's activity risky (H product.y of precaut.) (lowering flour barrels requires lots of precaut.) (an. Seigler: driving gas reserv.) |
Liability flour barrel fell onto plaintiff pedestrian’s head from defendant’s warehouse
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Norfolk & Western Ry. v. Anderson
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P's tomatoes died after D sprayed its RoW for weeds
*N D had exclusive control of instrumentality that caused harm (N negl. cause of herbicide spray more prob. - could've been nonnegl. blight) (an. Hanton: N negl. cause more prob.) (dist. Anjou: peel on D's pltfrm) (dist. Byrne v. Boadle) *acc. sign. speaks of negl. (dying but N know why) (dist. Anjou: been here way too long) |
No Liability plaintiff’s tomatoes died after defendant sprayed its right of way for weeds but defendant claimed they succumbed from disease
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D’Anna v. United States
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D's Navy plane dropped fuel tank on P's fruit stand
*This type of acc. N normally occurs w/o negl. (Flying imposes grave danger to people/prop. Beneath it (H risk-->H product. of precaut.)) *D had exclusive control of instrumentality that caused harm (navy had exclusive control of plane) *acc. sign. speaks of negl. (bomb rack said someone didn't inspect me.) (an. Anjou) |
Liability defendant’s Navy plane dropped fuel tank onto plaintiff’s fruit stand
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Colclough v. Great Atlantic & Pacific Tea Co.
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D's shopping cart jammed/hurt P's finger
*N risky activ. (D didn't have to inspect shopping carts regl.y) (dist. D'Anna: both causes known (string jammed wheel/broken bomb rack pin let fuel tank fall) but there D had to inspect bomb rack reg.) (dist. Anjou: both dirty things; there dirty banana peels slippery) *N D had excl. contrl. (N ev. of when/how string became entangled in wheel; or that mop used; or used in negl.y) (an. Norfolk: could've been blight) (dist. D'Anna: Navy had excl. ctrl.) *N this type of acc. doesn't normally occur w/o negl. (mops can get tangled in wheels nonnegl.y) (dist. D'Anna: fuel tanks N drop non-negl.y) *N circ. ev. (circ. ev. insuff. b/c too speculative) (dist. Byrne: good circ. ev. of negl.) |
No Liability defendant’s shopping cart abruptly stopped when wheel jammed thus hurting plaintiff’s finger
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Morejohn v. Rais Construction Co.
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*P's story was not probable since there was no construction work during the time of the accident
*Jury found that plaintiff most likely had some condition (brain cancer possibly) |
No Liability plaintiff alleged his deceased was killed when defendant’s building material fell from roof but evidence on summary judgment record disputed this account
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Kesewaa v. Key Food Supermarket
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*Shopping Carts were in exclusive control of D since they were chained and locked and only the manager had the key
*D's argument that other shoppers were not in control was not believable *Duty exist from causing dangerous condition *Distinct from Colclough because they created the hazard |
Liability plaintiff hurt when defendant’s shopping carts rolled onto her from top of defendant’s supermarket freezer case where they were being stored
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Wims v. Chevron U.S.A. Inc.
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*Accident does not point to any negligence
*D presented evidence that he used due care in securing the styrofoam |
No Liability plaintiff’s car allegedly damaged by Styrofoam falling from defendant’s truck
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Montalvo v. Mumpus Restorations Inc.
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*Accident speaks of negligence
*Bucket was in exclusive control of D even though they were not present at the time *Testimony shows that D left buckets on roofs often |
Liability plaintiff hurt when tar bucket fell onto him from roof that defendant had recently repaired
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Lyttle v. Denny
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D hotel’s bed backboard fell on P hotel guest
*Special rel (innkeeper/guest) *This type of accident N normally occurs w/o negl. (extraordinary incident that N normally occurs) (extends Byrne: something heavy fell on P here less circ. ev.) (dist Norfolk: could occur w/ negl - blight/flip into Norfolk: was light backboard and freak accident (then wouldn't have to check it all the time)) |
Liability defendant hotel’s bed backboard fell onto plaintiff as he was lying in bed
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Higgins v. White Sox Baseball Club Inc.
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D's concession flap fell on P fan
*Special rel (invitor/invitee) *D had exclusive control of instrumentality that caused harm (Door in exclusive control of Ds; negl. cause most prob.) (dist. Norfolk: could've been blight) *Acc. sign. speaks of negl. (hook said someone should've checked me often b/c I'm big) |
Liability defendant’s food stand flap fell onto plaintiff a baseball fan
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Wright v. Pritchard Industries
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*The door was not in exclusive control of D many people use it every day
*There's a possibility of P contributing to the injury when she pulled on the handle |
No Liability hinges on defendants’ bathroom stall door failed and falling door hurt plaintiff’s hand
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Stoskin v. Prensky
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P slipped on D's Coke bottles on floor of her car
*N acc. sign. speaks of negl. (coke bottle N too extraordinary) (dist. D'Anna: fuel tank falling extraordinary) (dist. Norfolk: could've been blight) (dist. Higgins: should've been checked) (dist. Anjou) *Opp. for V precaut. (could've misalighted from car) (dist. D'Anna: there clear D was negligent and N P) *N risky activity (2 coke bottle storage N risky; esp. b/w carton/transmission hump) (dist. D'Anna: flying risky) |
No Liability when exiting defendant’s car plaintiff slipped on soft drink bottle that fell from car
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Reinzi v. Tilyou
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Ps hurt on D's steeplechase ride
*N P contributes to own injury (husband/wife asked to go on steeplechase horses alone instead of together) (dist. Stoskin: P could have misalighted from vehicle) *Risky activ. (H product. of precaut. - fast-moving wooden horses on ride) (dist. Stoskin: coke bottle storage less risky/done reasonably) *This type of acc. doesn't normally occur w/o negl. (an. Higgins: should have been checked regularly b/c big) *Involves compl. error (adequate inspxns) *D had exclusive control (negl. cause - inadequate inspections - most prob.; also acc. happened on D's ride which D had excl. control over; Ps were on horse but couldn't control speed and weren't misusing stirrup) (an. Anjou: negl. cause most prob. b/c there long time) (an. Higgins: negl. cause most prob.: flap in excl. control of D) |
Liability plaintiffs hurt when stirrup failed on defendant’s steeplechase ride
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Mullen v. St. John
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D's bldg fell on P as she was walking down st.
*N opp for V precaut. (was innocently walking next to bldg.) (dist. Stoskin: could've misalighted onto coke bottle) *This type of acc. N normally occurs w/o negl. (brick walls don't fall w/o cause) (dist. Stoskin: coke bottles can fall nonnegly) *Acc. sign. speaks of negl. (fallen walls say before I fell someone should have noticed I was about to fall) (an. Anjou Higgins (hook said I haven't been reasonably inspected)) *D had good opp. to notice risk (walls had been out of repair)(easier than Byrne: N long time for Ds to notice barrel was falling) *D had excl. control (of bldg. walls) *H product. of precaut. *negl. cause - no reasonable inspection of bldg. - more prob. (an. Johnson v. Harris: open gate) (dist. Wolf Norfolk) |
Liability defendant’s building fell onto plaintiff as she was walking down street
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Smith v. Caplan
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P hurt on D's merry–go–round horse
*opp. for V precaut (uncertain whether P caused harm of her foot being hurt on merry-go-round or D did) (an. Capps v. Brashear: P could've used more care in jumping on tramp) *N this type of acc. doesn't normally occur w/o negl. (an. Stoskin: can occur w/o negl.) *N risky activ. (merry-go-round; horses need not be inspected too much) (dist. Reinzi: steeplechase horses must be inspected more) (dist. Anjou) *N D had exclusive control (nonnegl. cause (P hurt own foot) equally prob. as negl. cause (D hurt P's foot)) (dist. Reinzi: both rides; but there D had excl. control - stirrup broken so negl. cause more prob.) (dist. Norfolk: could've been blight) |
No Liability plaintiff allegedly hurt in some unspecified way on defendant’s merry–go–round horse
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Veltri v. Stahl
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P hurt when storm window from D's apartment fell on him
*N D had excl. control of instrumentality that caused harm (unclear which D resp. for maintaining storm windows; can't prove negl. of either: D landlord N in actual possession of apt.; D tenant out of country @ time/N installed/cleaned windows) (an. Novak Garcia: N both Ds negl. (only 1)) (dist. Summers v. Tice: both Ds BoD'd) (dist. Higgins: D had excl. control over flap) |
No Liability plaintiff pedestrian hurt when storm window from defendants’ jointly controlled apartment fell onto him
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Kohl v. Disneyland Inc.
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D's horse–drawn surrey ran away tipped over hurting Ps
*N this type of accident doesn't normally occur w/o negl. (horses easily/arbitrly frightened) (an. Smith) (dist. Reinzi; flip this into Reinzi: horses were unmanageable racehorses; or Ds shot guns in front of horse) *N risky activ. (an. Smith) (dist. D'Anna Anjou) *N D had exclusive control of instrumentality that caused harm (N negl. cause most prob. b/c D used due care selection/treatment of horses/driver well trained/exercised due care in driving/attempting to stop them) (an. Higgins) |
No Liability defendant’s well–managed horse–drawn surrey unaccountably ran away and tipped over thus hurting plaintiffs
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McComas v. Al. G. Barnes Shows Co.
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P hurt when D's elephant saddle fell off
*D had exclusive control of instrumentality that caused harm (negl. cause most prob.: D's trainer N checked howdah/beat el. after it ran away trainer N there during acc/10 min. prior) *Risky (elephant-riding) (an. D'Anna Reinzi) |
Liability plaintiff hurt when defendant’s elephant saddle fell off with her on it
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Adams v. Lancashire & Yorkshire Ry.
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P closed and reclosed door in D's train compartmt; finally P fell out
*Opp. for V precaut. (knew of defect. door but kept checking neway) (dist. McComas: P N voluntarily checked howdah; was just sitting on el) (dist. D'Anna: here P could've easily moved to another compartment; there P couldn't've taken precaution by moving fruit stand) *N risky activ. (driving train) (an. Kohl: driving horse-drawn surrey Smith v. Caplan) (dist. D'Anna McComas)(*IIT (an. Snyder (thrown from train); Robinson v. Butler (grabbed wheel): 3rd party went way beyond provocation by D's negl.)) |
No Liability plaintiff closed and reclosed defective carriage door in defendant’s train compartment until finally he fell out of moving train
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Gee v. Metropolitan Ry.
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D's tube door opened and P fell out of moving train as soon as touched brass bar
*N opp for V precaut. (N knew about risk before harmed) (an. Gillilan) (dist. Adams) |
Liability defendant’s subway door opened when plaintiff a passenger merely leaned on it
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Gillilan v. Portland Cremation Association
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marble slab fell on P's son at D's mausoleum
*N opp. for V precaut. (did what any mother would do son trapped under 300-lb. marble shutter) (dist. Adams: both Ps vol. encountered risk (trying to close door;lift shutter off son); but here mother had good reason)) *D had good opp. to notice risk (shutter must have been loose first) (an. Higgins: door must have been loose first) *This type of acc. doesn't normally occur w/o negl. (must have been loose) |
Liability marble slab fell onto plaintiff’s son at defendant’s mausoleum; plaintiff hurt while rescuing him
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Hutchinson v. Boston Gas Light Co.
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P injured when she jumped from burning building caused by explosion of D's gas
*N this type of acc. doesn't normally occur w/o negl (b/c there was giant fire that left Boston in ruins so it wasn't Ds fault they didn't have time to fix leaking gas/broken gas pipes in time) *N D had good opp. To notice risk (effective precaution was costly b/c of constricted time created by emergency (dist. Gillilan - could have noticed/fixed loose shutter @ their leisure) *D did everything could (attempting to curb emergency) (an. Blyth: acted w/in reas. range of expertise) |
No Liability plaintiff injured when she jumped from burning building caused by explosion of defendant’s gas during Great Boston Fire of 1872
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Larson v. St. Francis Hotel
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chair thrown out of D's hotel window at end of World War II hit P on head
*N D had exclusive control of instrumentality that caused harm (negl. cause N more prob.: P could've been guest or even non-guest) (an. Hutchinson: general mayhem) (an. East Texas Theatres: rowdies everywhere/general; rowdy N D threw bottle @ P) (an. Veltri: D landlord N in poss/D tenant away) (dist. Byrne: D's servants lowered barrel from D's shop) *N D had good opp. to notice risk (riots on V-J day were going on hotel couldn't do anything b/c party developed so quickly) (dist. Brosnahan: flt. attdnt had opp.) (an. Hutchinson: extraordinary circs/events that developed quickly) |
No Liability plaintiff hurt by chair thrown out of defendant’s hotel window during riotous celebration at end of World War II
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Connolly v. Nicollet Hotel
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mudlike substance thrown out of D's hotel window during convention hit P in eye
*D had exclusive control of instrumentality that caused harm (D's negl. most prob. expl.: mayhem originated in D's hotel) (an. Byrne Brosnahan) (dist. Larson: V-day mania N originated in D's hotel) *Risky activ. (Ntl. Jnr. CHamber of Commerce Convention guests were making mayhem in hotel D had done nothing; precaut. would've been productive) (dist. East Texas: precaut. would be unproductive b/c rowdiness gen.) *D had good opp. to notice risk (general mgr. of hotel knew disorderly behavior of hotel guests the day before accident to P) (an. Brosnahan) (dist. Larson - party developed so quickly) |
Liability plaintiff hurt by mud-like substance thrown from defendant’s hotel window during riotous convention at defendant’s hotel
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Benedict v. Eppley Hotel Co.
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D gave P folding chair which collapsed under her shortly after
*D had excl. control: solely resp. for chairs (an. Fox West Coast Agency: excl. ctrl; also invitor - duty to inspect) (an. Connolly) (dist. Larson: there were outside factors beyond D's control that could've caused it) *This type of acc. doesn't normally occur w/o negl. (bolts needed to be in chair to hold it together but weren't there; speak of lack of inspection of chairs; also there was no evidence any of D's employees inspected chair; also would've been easy to inspect) (an. McCOmas - howdah speaks of D's negl.) (dist. Smith v. Caplan) |
Liability defendant gave plaintiff folding chair which a short time later collapsed under her
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Schroerlucke v. McDaniel Funeral Home Inc.
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D just delivered P's deceased’s wheelchair and it collapsed under her
*N D had exclusive control (could've been negl. P's son's compliance error or non-negl. D's compliance error in handling wheelchair/or latent defect in chair)(dist. Benedict Fox West Agency Corp: D had more control - owned/duty to inspect; here D didn't own/manipulate/inspect chair or exercise any control over it) (an. Larson: D didn't have control over chair b/c hotel patron moved it; here P son moved chair) *Opp. for V precaut.: P could test b4 mother sat (an. Smith v. Caplan: P could use more care in riding merry-go-round) |
No Liability defendant funeral home merely transported plaintiff’s deceased’s wheelchair that collapsed underneath her when she sat upon it
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Rose v. Melody Lane of Wilshire
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D's bar stool collapsed beneath P
*acc. sign. speaks of negl. (negl. design: Ds used chair w/ pins that could last for 2 days or 20 yrs - you couldn't even tell under a microscope whether ready to fail or not) (an. Benedict: bolts N there speak of lack of inspxn) *D had excl. ctrl. (an. Benedict Fox West Agency Corp: chair owned by institutional invitor being used by invitee; both Ds provided chairs to Ps) this is harder for L b/c here they had actually recently inspected the chair) (dist. Schroerlucke: P had ctrl too could've been that nonnegl. cause) *N opp. for V precaut. (an. Schroerlucke Adams v. Lancashire & Yorkshire Ry. (move to another comptmnt) |
Liability bar stool collapsed underneath plaintiff in defendant’s dimly lit bar
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Winn–Dixie Stores Inc. v. Parker
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P injured after slipping on snap bean in D's store
*N D had good opp. to notice risk (D's produce mgr. swept floor w/ dry mop 2 min. b4 N saw snap bean) (an. Gordon: fresh wax ppr) (dist. Anjou Jasko) *N high product. of precaut. (so they'd have to sweep >every 2 min. to prevent acc.) (dist. Anjou: would've only had to clean every 2 hours or even 2 days) *N D had exclusive control (likely that customer caused bean to drop on floor) *Opp. for V precaut. (look where walking) (an. Stoskin) |
No Liability plaintiff injured after slipping on snap bean in defendant’s store
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Powell v. Hardee’s Food Systems Inc.
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P slipped on water in D's bathroom
*N D had exclusive control (cust. could've spilled water) (an. Norfolk) *N D had good opp. to notice risk (no ev. whether water had just been spilled or been there a long time) (an. Winn-Dixie) (an. Larson: V-day mayhem dev. quickly) (dist. Connolly: D had notice of rowdy convention beforehand) (dist. Anjou: peel there for long time) (dist. Rose: D had ev. there was a defective chair here N ev. of defective bathroom) *Opp. for V precaut. (common for water to be on bathroom floor P should've looked) (an. Jewell: common for manure to be on milking flr) (an. Stoskin) |
No Liability plaintiff slipped on water in defendant’s bathroom
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Ortega v. Kmart Corp.
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P slipped on puddle of milk D admitted could have been on the floor from anywhere from 15 minutes to 2 hours
*D had good opp. to notice risk (ct inferred negligence b/c D N kept records of inspxns) (dist. Winn-Dixie: there was effective record showed employee had swept floor just before) |
Liability plaintiff slipped on milk puddle that could have been on floor for anywhere between fifteen minutes and two hours
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Williams v. Swissotel New York Inc.
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D's elevator abruptly fell nine stories injuring P
*This type of acc. doesn't normally occur w/o negl. (plunging elevator spoke of negl. I plunged b/c I haven't been inspected.) (an. Anjou Higgins D'Anna) (dist. Smith v. Caplan: tramp) *D has excl. control (an. D'Anna) (dist. Hutchinson: D lacked control over gas mains during great fire; here D had total control/ability to inspect; flip Williams into Hutchinson: there was an earthquake @ time elevator plunged) *N opp. for V precaut. (an. Gee: door opened immed when P touched brass bar) (an. Gillilan: any mom would rush to remve mrbl slab) (dist. Adams: could've moved cmptmts) |
Liability defendant’s elevator abruptly fell nine stories injuring plaintiff
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Hailey v. Otis Elevator Co.
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P was hurt on D's escalator
*N this type of acc. doesn't normally occur w/o negl. (an. Smith v. Caplan: tramp) (dist. Williams v. Swissotel: escalators can jump a little even if properly inspected; but elevators don't fall 9 stories unless N properly inspected; flip Hailey into Williams: escalator started galloping) (dist. Hutchinson: in great fire all kinds of accs can occur w/o negl.) *N D had good opp. to notice risk (proof of recent inspection) *Opp. for V precaut. (other people weren't thrown off balance just P) (an. Smith) (dist. Gee: door opened as soon as P touched brass bar) |
No Liability plaintiff fell on defendant’s escalator when it allegedly made ‘funny little jerk’
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Kohler v. Aspen Airways
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D's commercial aircraft dropped 500 feet in two seconds injuring P
*N acc. N occurs w/o negl. (weather forecast indicated clear weather w/ occ. moderate turb; wind shears/turbulence common in Lake Tahoe area where acc. occurred) (an. Smith: a fort. tramp acc.s very common) (an. Hailey: escs make funny little jerks) (dist. Williams: both involve plunges but here turb. is common in mtns) |
No Liability defendant’s commercial aircraft dropped 500 feet in two seconds injuring plaintiff
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Haasman v. Pacific Alaska Air Express
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D’s plane with P's deceased as passenger disappeared w/o trace
*Risky (H product. of precaut. for flying) (an. D'Anna: flying w/ fuel tanks attchd risky) *N occurs w/o negl. (planes are big it's uncommon for them to disappear)(an. Nelson Williams: can't get porpoising up in air/plunging els. w/o negl.) (dist. Kohler: you can get plunges esp. in mtns. w/o any neglg. By airline but you can't get crashes in fair weather cond.s w/o neg.) *Ev. of specif. negl. (co-pilot N certified by FAA for multi-engine aircraft) (an. Nelson: failed to fix even though knew it had porpoised) |
Liability defendant’s plane with plaintiff’s deceased aboard disappeared without a trace
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Walston v. Lambertsen
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D's boat with P's deceased as sailor disappeared w/o trace
*N type of acc. that doesn't normally occur w/o negl. (N H productivity of precaution; seas dangerous place - ships disappear all the time) (dist. Haasman: common for planes N ships to disappear w/o negl; flip Walston into Haasman: giant steam tanker in ocean disappeared w/o trace (or possibly lack of certification by cptn)) |
No Liability defendant’s boat with plaintiff’s deceased aboard disappeared without a trace
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Campbell v. First National Bank
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Ps passengers aboard plane flown by Ds' deceased crashed w/ him
*N type of acc. that doesn't normally occur w/o negl. (small aircraft can crash more easily even w/o negl.) (dist. Haasman; both unexplained crashes; dist: Haasman big commercial airliner here airline more like crab vessel - can crash more easily even w/o negl) *N D pilot had exclusive control (rented) (dist: Haasman: here could've crashed either b/c of negl. pilot error or non-negl. defect in plane; there D co. employed pilot/maintained aircraft) (an. Novak Veltri: negl. cause N more prob) |
No Liability plaintiffs’ decedents died in unexplained crash of small private airplane flown by defendant’s decedent but maintained by others
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Newing v. Cheatham
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D's plane with P as passenger crashed with gas gauge on empty
*Type of acc. that doesn't normally occur w/o negl. (N more gas caused b/c of negl.) (dist. Campbell: small aircrafts crash more easily) (dist. Walston: ships freq. disappear) *Acc. sign. speaks of negl. (empty gas gauge says I didn't have enough gas) (an. Anjou) (dist. Campbell - cause of crash N clear) *Much ev. of spec. negl. (gas gauge) but ct. analyzes under res ipsa neway (an. Haasman: co-pilot N certified) (an. Nelson: failed to fix even though knew it had porpoised) |
Liability defendant’s plane with plaintiff as passenger crashed with its gas gauge on empty
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Sapp v. United States
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This would NOT have happened with due care. D was in control. No contributory negligence
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Liability plaintiffs hurt when defendant’s B-47 bomber crashed near their home
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Ybarra v. Spangard
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P went into Ds' care for appendectomy woke up with trauma to arm
*Poss. of conspiracy of silence: won't rat each other out unless r.i.l. used as productive incentive to do so (dist. Novak: in both only 1 D could've been liable; but b/c no one knows whose it was u can't get inform. info. b/c Ds can't rat each other out) (an. radically extends Summers v. Tice: both Ps couldn't prove exact cause: there both committed BoD here it was clear some of them couldn't have been negligent but all were L neway) (dist. Garcia: in both it seems only one of Ds could've been negligent N all; dist: all are part of same team here there 2 sep. manufacturers) *P could N gather ev. here b/c unconscious on op. table; there P conscious (an. Haft - disablement of Ps ability to prove CiF - here by placing P under anaesthetic) |
Liability plaintiff went into defendants’ care for appendectomy and woke up with trauma to arm
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Farber v. Olkon
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P's bones broken while Ds administered electroshock therapy
*N type of acc. doesn't normally occur w/o negl. (fractures most common risk of e.t.; calculated risk of treatment; N nec. from lack of due care or skill) (an. Hailey: funny little jerks happen w/ escs) (dist./flip Ybarra into this: infection @ site of appendectomy) (dist. Anjou) *N negl. cause more prob. (an. Norfolk: could've been blight) *Tech. hasn't really conquered risk (of highly risky activ.) (an. Campbell v. First Nat. Bank: ultra-lt aircraft) |
No Liability plaintiff’s bones broken while defendants administered electroshock therapy to him
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Evans v. Heard
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trailer pulled by D but owned by another lost wheel injuring P
*N D has excl. control (N owned/manage/maintained trailer/had N undertaken to) (dist. Siegler: tanker owned/managed by D) (dist. Wood v. Neff: D in ctrl of inspxn when N failed defect. tire; flip this into Wood: P sued son) (dist. Garcia/Veltri: unclear which D had resp. for mnfctr of saber/maintc of storm window) |
No Liability trailer pulled by defendant but owned by third party lost its wheel thus injuring plaintiff
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Ballard v. Southern Regional Medical Center Inc.
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P sustained injuries when D's wall–mounted handrail gave way
*N D had good opp. to notice risk (N actual/constructive notice of looseness of handrail that later collapsed under P's weight) (dist. Rose: D had ev. design was negl.) *N type of acc. doesn't occur w/o negl. (screws/brackets holding handrail to wall can stop wrkng/create dang. cond. w/o negl.) (an. Smith) *N risky activ./ambitious tech.: handrails on flat ground N need reg inspxn; (an. Smith) (dist. Yazzolino: rail in more dang. place so needed to be inspected more often) (dist. Byrne: more dang./req. precaut. rate higher) *Opp. 4 V precaut. (P could've tested rail even though injured) (an. Adams: could've moved to another comprtmnt) *this is an ex. of modern trend of holding doctors/hospitals NL |
No Liability plaintiff sustained injuries when defendant’s handrail gave way
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Sharp v. LaBrec Inc.
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boiler being moved by D bumped and injured P
*Acc. N happens w/o negl. (loads aren't supposed to crush workers; crane ordinarily doesn't suddenly change position) (an. Franconia: doors N supposed to spring back) (dist. Stoskin) *Risky act. (dist. Ballard: tech. had N overcome unavoidable risk; L prod. Of precaution (N needed to be inspected freq.)) (dist. Stoskin) *N opp. for V precaut. (an. Byrne) (dist. Adams: was a vol.; here employee doing his job) *D had excl. control (D LaBrec crane operator had sole control over boiler when suddenly shifted swinging into P; also all alt. causes are D negl. causes: operator N had crane level/kept level throughout lift used defect. cribbing to stabilize load; boom N properly centered) (dist. Norfolk: only 1 alt. cause was D negl.) |
Liability boiler being moved by defendant bumped and injured plaintiff
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Dermatossian v. New York City Transit Authority
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defective grab handle on D's bus injured P
*N D had exclusive control (could've been damaged by passenger(s)) (dist. Rose: excl. control of stool) (dist. Higgins: ctrl of flap) *opp. for V precaut. (dist. Rose: P couldn't've done nething) (an. Adams: could've moved away from door) (an. Ballard: though hurt P could've checked handrail) |
No Liability defectively nonretracting grab handle hit plaintiff’s head as he stood up to exit defendant’s bus
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Troisi v. Merit Oil Co.
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hose at D's self–serve gas station burst spraying P with gasoline
*N D had exclusive control (patrons constantly used hose b/c self-serve) (an. Raimondi: thousands of fans had access) (an. Dermatossian: other passengers had access to grab handle) (an. Brown v. Poway USD: nonemployees had access to hlwy where lunch meat) (dist. Benedict: D had fldng chrs gave dir. to P) *N type of acc. doesn't normally occur w/o negl. (broke where don't normally break - so unavoidable acc.; also needs to be inspected less often/lower productivity of precaution) (dist. Rose v. Melody Lane: barstools need to be inspected more freq. than gas hoses) *N D had good opp. To notice risk (dist. Higgins: must have been sign hook faulty - would've been loose beforehand; here self-serve burst w/o warning) (dist. Gillilan: marble shutter would've been loose 1st) (dist. Franconia: both auto doors and gas hoses dngrs but there D knew of defect b4) |
No Liability hose at defendant’s gas station burst spraying plaintiff with gasoline
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Raimondi v. New York Racing Association
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P injured when seat in D's grandstand collapsed
*N D had excl. control (D could N control every chair in racetrack stadium where thousands of people go every day - spectator or P could've damaged chair) (an. Schroerlucke: could've been negl. P's son's compliance error or non-negl. D's compliance error in handling wheelchair/or latent defect in chair) (dist. Benedict: more control b/c fewer people D gave to P and no one used it in b/w) *N D had good opp. to notice risk (dist. Fox West Agency: D should've known chairs N designed for partic. P; also fewer seats so easier to inspect) *N H product. of precaut. (an. Smith v. Caplan Ballard) (dist. Powell v. Hardee's: N need to inspect bathrooms that often) (dist. Rose v. Melody Lane: more likelihood someone falling off would be hurt; whereas here it was pretty durable didn't need to inspect as often) |
No Liability plaintiff injured when seat in defendant’s large racetrack grandstand collapsed underneath him
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Miles v. Hicksville Union Free School District
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No exclusive control by D since lots of people used the desk. Ordinary accident.
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No Liability plaintiff injured by broken metal bar under her school desk
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Howe v. Seven Forty Two Co.
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This was a result of the D's negligence. The burden is on the D in cases where the harm is hidden from P or when P should not be expected to look out for this kind of danger
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Liability plaintiff injured when bar stool collapsed underneath him in defendant’s brightly lit restaurant
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Cullen v. Ramberg
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*Ds experts provided evidence that the injury would be impossible due to the type of surgery |
No Liability plaintiff claimed voice injury while under anesthetic but summary judgment record indicated that moving surgeons could not have caused it |
