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24 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Li v. Yellow Cab Co. |
P struck when she made unsafe turn in front of D's speeding cab
*N P's act radically reckless *N P engaging in criminal act |
Liability[For Reduced Damages] plaintiff struck when she made unsafe turn in front of defendant’s speeding cab
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Knight v. Jewett
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*N desire to touch (In touch football game D intentionally ran over P but acc. stepped on little finger causing it to be amputated) (an. Hennessey) (dist. Markley/Vosburg)
*Consent implied in fact (normal contacts of touch football) |
No Liability plaintiff participated in rough touch football game and defendant accidentally stepped on her hand
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Ford v. Gouin
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D towed P who was water skiing barefooted into a tree
*Sports injury (dang. extreme sport) (still NL even though sport cooperative N competitive) (an. Knight v. Jewett) *D’s negl. Ordinary (in steering too close to bank) *Dist. Summers v. Tice: here D's behavior was w/in range of approprite touch football behavior but shooting someone while hunting is not; hunting less of a participant sport than water skiing (need @ least 2 people) |
No Liability defendant towed plaintiff who was water skiing barefooted into a tree
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Rafter v. Dubrock’s Riding Academy
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P injured when saddle on D's riding academy horse fell off
*N D’s negl. Ordinary (D must have done something wrong to have saddle slip off) (an. McComas: same case) *N P's behavior reckless (an. Artrip) *N participant sport (dist. Knight v. Jewett Ford) |
Liability plaintiff injured when saddle on defendant’s riding academy horse fell off
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Barker v. Kallash
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D1 minion bought fire crackers for P from D2 and minor P made pipe bomb which blew up his hands
*P’s act radically reckless (14-yr-old P building pipe bomb in his basement) (dist. Li: in both P and D both had negl.; here there was negl. On both sides (negl. For Ds to participate in pipe-bomb building endeavor)) *P was engaging in criminal act |
No Liability D1 bought fire crackers for plaintiff from D2 and minor plaintiff made pipe bomb which blew up his hands
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Boltax v. Joy Day Camp
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P snuck into D's pool and dove into shallow water hurting self
*P's act radically reckless/almost suicidal (P experienced adult swimmer knew water levels @ each part of pool dove head first from lifeguard chair into shallow end of pool N filled to capacity) (an. Barker v. Kallash) (dist. Li: N radically reckless turn) |
No Liability plaintiff sneaked into defendant’s pool and dived into shallow water hurting himself
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Yancey v. Superior Court
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D threw discus that struck P thrower who was retrieving her discus
*N D’s negl. ordinary (D threw discus w/o 1st ascertaining target area clear) (an. Newing: driving plane till runs out of gas extraordinary negl.) (dist. A.C. ex rel. Cooper: N negl. even though threw bat) (dist. Rose v. Morris: neglecting to shout fore when no one is in your way N negl.) *N participant sport (can do discus by yourself) (an. Rafter) (dist. Knight v. Jewett A.C. ex rel. Cooper Ford: touch football/pinata/waterskiing partic. sports) |
Liability defendant threw discus that struck plaintiff
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Feng v. Metropolitan Transportation Authority
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D's train struck P standing on track
*P's behavior radically reckless/almost suicidal (P Gao Yi Feng stood immed. next to active train trx while facing away from oncoming train traffic) (an. Barker v. Kallash Boltax) (dist. Li) |
No Liability defendant’s train struck plaintiff standing on track
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Thurmond v. Prince William Professional Baseball Club Inc.
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P hit by line–drive foul high in bleachers
*Sports injury (an. Maytnier: wild pitch struck P in unscreened area) (an. Pitre: spectator assumed risk of being struck by amusement pk pitcher @ baseball concession) (dist. Manning: P N assumed risk of being deliberately struck) (dist. Salevan Wills (amusement pk): P N assumed risk of being struck since walking outside N in baseball park) *D's negl. ordinary (Ds had posted warnings around stadium) (dist. Yancey: both Ps N partic. in either sport; but here risk of being hit by ball inherent in baseball) (dist. Artrip: Both Ps knew or should have known of risk; but there D snowplow made big snowbank blocking entrance) *Ps behavior reckless (sat in unscreened area of stadium) |
No Liability P hit by line–drive foul high in bleachers
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Connelly v. Mammoth Mountain Ski Area
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P injured when he fell and slid into unpadded ski lift tower
*Sports injury (risk of colliding w/ tower inherent to skiing) (an. Thurmond Wills: risk of getting hit by ball inherent in sitting in unscreened area of bball diamond) *D's negl. ordinary (N warning N negl. b/c ski lift tower so obv. serves as own warning; N legal req. to pad towers) (an. Thurmond: Ds posted warnings around stadium) (dist. Yancey: neither participant sports; but in Yancey someone throwing discus @ you isn't inherent risk of throwing discus) (dist. Dubrock: saddle falling off N inherent risk of riding) *Dangerous extreme sport (an. Ford Roettgen) (dist. Rafter/Yancey: horse-back riding; discus-throwing) |
No Liability plaintiff injured when he fell and slid into unpadded ski lift tower
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Regents of University of California v. Superior Court
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P fell to death while enrolled in D's rock climbing class
*Sports injury (P rock climber in D's rock climbing class fell 90 ft. to death when anchor system negl. Set by instructors () gave way (Ds' negl. Installed it); risk inherent in sport of mtn. climbing) *Dangerous extreme sport (an. Ford Connelly: barefoot h2o skiing skiing) (dist. Rafter: horse-back riding) *Participant sport (an. Knight Ford: touch fball h2o skiing) (dist. Yancey Rafter: discus/riding) *D's negl. ordinary (instructors set anchors but set in same seam which should never do) (dist. Yancey: N checked that no one in way; Artrip: snowplow blocked entrance w/ snow) |
No Liability plaintiff fell to death while in defendant’s rock-climbing class
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Neighbarger v. Irwin Industries
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Ps both safety workers injured in fire negly caused by D's employee
*N D’s negl. ordinary (was reckless - violated industry safety standards in negl.y using sharp instrument to dislodge valve blockage which released flammable petroleum product) (dist. Bryant v. Glastetter - D having towable car that P had to tow was risk P encountered every day) *N P's behavior reckless (When 2 P safety workers went to investigate/close valve liquid ignited and burned both) *N Risk inherent as part of P’s job (D's were N present on scene to assure safety of D's employees or prevent them from causing fire) (an. Bryant v. Glastetter: risk of being hit inherent in towing) *N D’s obligation regulated by public contract (private safety workers N public firefighters/employees) |
Liability plaintiffs both safety workers injured in fire negligently caused by defendant’s employee
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Adams v. Elgart
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P nurse injured by D dr’s violent patient (D knew but failed to warn)
*Risk inherent as part of P’s job (as a nurse) (an. Bryant v. Glastetter) (an. Widlowski v. Durkee Foods (N narcosis)) (dist. Neighbarger: Ps safety workers N firefighters) *D commits nonf. (dist. Kaiser: misf. D prescribed drug that made P's bus driver fall asleep) (dist. McGuire v. Almy: misf. D came @ nurse P w/ lowboy leg) *D's negl. ordinary (dist. Neighbarger: sup.sim: both Ps hurt on job by negl. of a coworker; dist.: here there was N direct threat to P so it wasn't as reckless just bare negl.; whereas in Neighbarger it was reckless negl; typical to separate drug/alchohol patients like this one from patients suffering from other forms of mental illness; P wasn't @ a particular risk since patient hadn't specificaly threatened her; so she's member of public and N of class of people to whom D dr. owed a duty) *P's behavior reckless (P herself had advised D of a prior violent incident by patient so she was aware as well) |
No Liability plaintiff nurse injured by defendant doctor’s violent patient
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Morgan v. Fuji Country USA Inc.
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The duty of the D was to not increase the risks to the players above and beyond those inherent in the sport.
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Liability plaintiff hit by golf ball on defendant’s negligently designed golf course
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Marquez v. Mainframe
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P security guard slipped on standing water in D's building
*N risk inherent as part of P’s job (dist. Adams v. Elgart; both Ds injured on job; but here this could've happened to anyone; N part of job) (dist. Neighbarger: Ps safety workers N firefighters) (dist. Bryant: getting hit risk of towing job) *D commits misf. (h2o came from D's chiller plant pipes) (an. McGuire v. Almy: P came @ D nurse w/ lowboy leg) (dist. Haynesworth: nonf. - failed to fix pipes) (dist. Winterbottom: failed to fix carriage) (dist. White v. S.ern CA Edison: D failed to fix lt @ intrsxn collision happened; also D licensee there invitee here) *N D’s obligation regulated by public contract (P N a public employee) *note: close/edgy type of holding |
Liability plaintiff security guard slipped on standing water in defendant’s building
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Lowe v. California League of Professional Baseball
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The mascot is not essential to the game this distraction increased the risk to the P about what she assumed as a spectator.
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Liability plaintiff hit by foul ball at defendant’s stadium while distracted by defendants’ team mascot
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Rodrigo v. Koryo Martial Arts
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P kicked by another student at tae kwon do class
*Sports injury (something kicked P in tae kwon do class rupturing her Achilles tendon; being kicked/punched by other students is an inherent risk of tae kwon do) *D's negl. Ordinary (actually D N negl. - just had class members line up and kick leather pad) |
No Liability plaintiff kicked by another student at tae kwon do class
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Kahn v. East Side Union High School District
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D's swimming coach promised P she would not have to do shallow racing dives and then at last minute made her do dive that injured her
*N D's negl. ordinary (intentional: D coach failed to provide P w/ training knew P had intense fear of diving into shallow water promised P she wouldn't have to do it @ meet but then required her to @ last minute telling her she otherwise couldn't participate) (dist. Roettgen: both sports injuries but there instructors *accidentally* misplaced anchors) *N participant sport (dist. Knight Roettgen) |
Liability defendant’s swimming coach promised plaintiff that she would not have to do shallow racing dives and then at last minute made her do dive that injured her
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Avila v. Citrus Community College District
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P student–athlete was injured by bean ball thrown by the D's pitcher
*Y sports injury and Y intentional but *D's negl. ordinary (D pitcher intentionally hit P and in doing so violated rules of baseball but it was N outside range of normal activity involved in the sport - b/c being intentionally thrown @ is inherent risk of baseball) (an. Knight v. Jewett) (an. Wills: being acc. thrown at inherent risk of watching baseball) (dist. Manning: being intent. thrown @ by pitcher N assumed risk of being spectator) |
No Liability plaintiff student–athlete was injured by bean ball thrown by the defendant’s pitcher
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Beninati v. Black Rock City LLC
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The P assumed the risk. This person was a player and this is an inherent risk of the game Also the danger was obvious.
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No Liability plaintiff injured when he fell into defendant’s burning sculpture after voluntarily approaching it
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Amezcua v. Los Angeles Harley–Davidson
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Assumption of risk wavier. No above and beyond risk created by the D. This is a dangerous activiy and this person was a voluntary player
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No Liability plaintiffs injured during motorcycle procession organized by the defendant
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Nalwa v. Cedar Fair L.P.
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Primary assumption of risk. These risks are inherent in the sport itself. Bumper cars are supposed to bump but are not incredibly dangerous. D could not collect enough from Ps to cover the liability for this risk.
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No Liability plaintiff injured in two nearly simultaneous collisions during defendant’s bumper car ride
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Hulsey v. Elsinore Parachute Center
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P signed release and then was injured at D's parachute center (parachuted into power lines and was electrocuted)
*Dangerous extreme sport (par. Jumping N activity of public interest or necessity) (an. Roettgen Connelly Ford: rock climbing skiing h2o skiing) *Sports injury (an. Knight v. Jewett) (dist. Marquez) |
No Liability plaintiff signed release and then was injured at defendant’s parachute center
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Eriksson v. Nunnink
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Not coparticipants this is teacher and a student. Duty of care of safe conditions. The release of liability would excuse future gross negligence like this. |
Liability defendant decedent’s equestrian coach got minor decedent and her mother to sign liability release but concealed from decedent’s mother the seriousness of injuries previously suffered by decedent’s horse and allowed decedent to compete in cross-country race |
