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Case Recognition Flashcards

(70 cards)

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1
Q

Walter V Walmart

A

Pharmacist gives the wrong pills causes strong side effects

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2
Q

Vosburg V Putney

A

School kids shin kick - Battery

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3
Q

Cole V Hibbard

A

Kick in the butt - Battery

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4
Q

Garratt V Dailey

A

Battery, pulling out chair

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5
Q

Beach V Hancock

A

Assault - Hancock pulls unloaded gun in office and snaps it

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6
Q

Brooker V Silverthorne

A

Assault - Threats over the phone to telephone operator

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7
Q

Vetter V morgan

A

Assault - Morgan screams at Vetters Van and threatens her

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8
Q

Fojtik V Charter Med

A

False Imprisonment - Fojtik in rehab

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9
Q

In Re White

A

Transferred Intent - Tipton waives gun and accidentally shoots the wrong person

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10
Q

Koffman V Garrett

A

Consent - small FB player gets arm broken by coach’s tackle

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11
Q

Haeussler V De Loretto

A

Self-Defense - Deloretto punches an aggressive and questionably drunk Haeussler in self defense

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12
Q

Nickerson v Hodges

A

IIED - mentally unstable person looking for buried treasure

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13
Q

Dickens V Puryear

A

IIED - Puryear beats up dickens and plays mind games with him

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14
Q

Littlefield V McGuffy

A

IIED - McGuffy is a neurotic, racist, and aggressive landlord who harasses Littlefield for dating a black guy

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15
Q

Hunt V State

A

IIED - Pritchett in uniform reduces Hunt to tears trying to get a confession out of AB

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16
Q

Brown V Kendall

A

Duty - Kendall is swings stick and hits brown in the eye

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17
Q

Winterbottom v Wright

A

Duty - hardline case defining duty as contractual privity, mailman can’t sue carriage maker for collapsing wheel

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18
Q

MacPherson V Buick

A

Duty - Cardozo kills privity rule and widens duty

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19
Q

Mussivand V David

A

Duty - Duty widened even further with STD foreseeable transfer

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20
Q

Osterland V Hill

A

Affirmative Duty - Hard line no duty with drunk canoe rental

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21
Q

Baker V Fenneman & Brown Properties

A

Affirmative Duty - Taco Bell case

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22
Q

Tarasoff V Regents of Univ of California

A

Affirmative Duty - Poddar tells therapist that he’s going to kill Tarasoff, and therapist doesn’t do anything

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23
Q

Leffler V Sharp

A

Premises Liability - Leffler climbs through window onto roof and falls through as a trespasser

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24
Q

Rowland V Christian

A

Premises Liability - Christian invites Rowland to her house with broken faucet, kills traditional distinctions of liability

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25
Aikens V Debow
Pure Economic Loss - Debow runs semi into bridge that kills business at Aikens econolodge
26
Meyers V Heritage Enters Inc
Breach - Nurse assistants operate a Hoyer lift which is apparently not a professional activity that needs experts to define the standard of care
27
Martin V Evans
Breach - Evans backs his 18wheeler into Martin who is pinned behind the truck Not liable because he exercised due care under the circumstance
28
Pingaro V Rossi
Breach-Gas meter reader is attacked by dog despite owners warning and understanding with gas co. Rossi still liable because of statute on strict liability
29
Jones V Port Authority of Alleghany County
Breach - Jones falls down after bus starts driving too quickly. Common carrier shave the highest standard of care
30
Campbell V Kovich
Breach - Kovich hires Ashton to mow lawn and debris hits campbell in the eye through no fault of Ashtons
31
Adams V Bullock
Breach - Kid swings long wire into trolley live wire
32
Vaughn V Menlove
Breach - Burning hay bale. "I'll chance it" objective reasonable person standard
33
Appelhans V McFall
Breach - Kid on bike hits lady walking
34
TJ Hooper
Defining Standard of Care - A tug boat without a working radio sails into a storm and sinks coal barge
35
Johnson V Riverdale Anesthesia overruled by Condra V Atlanta Orthopedic Group
Defining Standard of Care - The expert witness's own personal practices can now be used to impeach
36
Largely V Rotham
Defining Standard of Care - The standard for info given during consent changed from "reasonable doctor" to "reasonable patient" after lymph node removal gone wrong
37
US V Carroll Towing
Defining Standard of Care - Anna C drifted from pier, punctured, and sank B
38
Byrne V Boadle
Res Ipsa - a barrel of flour falls out of a window
39
Kambat V St. Francis Hospital
Res Ipsa - doctor left a medical pad inside of Kambat during surgery
40
Dalal V City of New York
Negligence Per Se - Dalal has a wreck that's not her fault, but cannot recover because of negligence per se
41
Victor V Hedges
Negligence Per Se - Hedges shows off CD player with care parked on the sidewalk
42
Muckler V Buchl
Actual Causation - Woman falls down stairs in the dark, judge cuts it off at SJ
43
Butts V Weisz
Actual Causation - Judge prevents speculation about guy reaching for light switch before a guy fell down the stairs
44
Jones V LA Fitness
Actual Causation - Guy breaks elbow on concrete wall
45
Falcon V Memorial Hospital
Actual Causation - Falcon has just given birth and had embolism - loss of chance
46
McDonald V Robinson
Multiple Causes - Two negligent drivers collide and hit pedestrian
47
Ford V Boomer
Multiple Causes - Mesotheloma case changing from "substantial factor" to "sufficient to have caused" test for causation
48
Wannal V Honeywell
Multiple Causes - Mesotheloma case tripped up on the change from "substantial factor" to "sufficient to have caused"
49
Summers V Tice
Multiple Causes - brid hunt
50
Sindell V Abbott Labs
Multiple Causes - DES case with enterprise liability
51
Union Pump V Allbritton
Proximate Cause - fire because of pump and then slip and fall
52
Polemis
Proximate Cause - Board falls into cargo hold igniting vapors - directness
53
Ryan V NY Central RR
Proximate Cause - Bogus one leap test for spreading fire from RR
54
Wagon Mound 1&2
Proximate Cause - Wagon Mound1-furnace oil in water was not foreseeable but direct Wagon Mound 2 - furnace oil on water foreseeable
55
Palsgraf V Long Island RR Co
Proximate Cause - Fireworks, train, scales, squished Palsgraf
56
Kinsman
Proximate Cause - bumper boats down the buffalo river, flood town
57
Port Authority of NY & NJ V Arcadian
Proximate Cause - Fertilizer liability for World Trade Center Bomb
58
Fast Eddies V Hall
Proximate Cause - Girl gets killed by drunk guy
59
Wymann V Leavitt
NIED - Blasting throws rocks onto Wymann's property, no harm, no recovery
60
Robb V PA RR Co.
NIED - lady jumps from car just before train hits it "Zone of Danger"
61
Con Rail V Gottshall
NIED - guy watches friend have heart attack in the heat and becomes paranoid
62
Norfolk Western Railway V Ayers
NIED - fear of mesothelioma is compensable b/c physical harm accompanies
63
Jones V Dressel
Assumption of Risk - skydiving waiver enforced
64
Dalury V SKI
Assumption of Risk - Express waiver not enforced for public policy reasons on VT Ski slope
65
Smollett V Skayting
Assumption of Risk - Skating with out handrail
66
Murphy V Steeplechase Amusement Co
Assumption of Risk - The Flopper
67
Burns Philip V Cavalea Freight
Trespass - good faith not good enough to save from trespass, burns built fence on cavaliea's property
68
Sturges V Bridgman
Nuisance - Doc puts consult room next to wall where bridgman has loud mortars going
69
Penland V Redwood Sewer
Nuisance - GroJoe sewer composing
70
Boomer V Atlantic Cement
Nuisance - Cement factory

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