Assignment I- Case Brief: McCarty v. Pheasant Run , Inc. Essay example

1099 Words Feb 5th, 2014 5 Pages
Assignment I- Case Brief: McCarty v. Pheasant Run , Inc.
Prof Lindsey Appiah
Tort Law
October 28, 2012
Summary of Case
Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her hotel room. Mrs.
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Another defense, regarding breach of duty, is that a plaintiff must show they have damage that is legally recognized. The plaintiff cannot claim they have suffered but cannot show damages. Proximate cause refers to the plaintiff being able to show that the damage and or injuries they sustained were a result of the tort they are suing for. An example would be the plaintiff’s nose was broke as a result of the defendant flailing his elbow’s amongst the crowd.
Features in a Negligence Complaint Scenarios where people are injured as a result of an accident occur more frequently than those where people are injured due to malicious behavior. As a result, the law recognizes a duty to conform to a certain standard of conduct for the protection of others against unreasonable risk of harm. If there is a failure to conform which results in an injury, damage or loss, the injured party has a cause of action for negligence. Additionally, a court will utilize several ways to formulate the negligence standard. One of the more famous is the “Hand Formula” which determines whether the burden of precaution is less than the magnitude of the accident, if it occurs, multiplied by the probability of occurrence.
In a negligence case, there are four elements that must be researched for a plaintiff to recover damages. These elements include: 1) did a defendant owe

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