Cases Flashcards
Sanderson v Paltrow [2022]
Sanderson, a Utah doctor, sued Paltrow, a Hollywood actor, for reckless skiing in 2016 causing a collision from above. Sanderson’s injuries included broken ribs, a brain injury, and a loss of enjoyment of life. He initially sued for $3 million and later reduced this to $300,000. Sanderson countersued for $1 and all legal fees to avoid a precedent and future lawsuits and won the trial.
R v Dudley and Stephens [1884]
4 (Dudley, Stephens, Brooks, and Parker) men were lost at sea and after a short period of time, ran out of food to eat. Dudley and Stephens proposed that one of the men sacrificed himself to save the rest. Given Parker was the youngest, weakest, and least likely to survive, they sacrificed him and were rescued 4 days later. Dudley and Stephens were convicted of murder and sentenced to death once courts ruled that despite the circumstances, the death of the youngest and weakest was not moral nor justified/necessary against the other three men.
Depp v Heard [2022]
John C. Depp sued Amber Heard for $50 million in claims of defamation after she referred to herself as a survivor of domestic abuse. He stated that he never got physically violent and that Heard had in fact abused him. Heard countersued for $100 million, stating that she was the victim of abuse. Depp won the trial after the jury found he had successfully proven defamation.
Ferguson v Birchmount Kennels [2006]
The plaintiffs boarded their dog with Birchmount Kennels while they went on vacation to Hawaii. The dog escaped from the kennel’s enclosed play area while being exercised. The plaintiffs sued for damages and were awarded $2,527.42, including $1,417.12. The court dismissed the action against the individual defendants. The kennel appealed but this was dismissed
The Trilogy
Three cases involving serious injuries to youths that played a part in courts and their decisions regarding nonpecuniary damages. These cases helped to place a “cap” on general damages, with exceptions. It started at $100,000 (1978) and is now $378,000 (2019).
Andrews v Grand & Toy Alberta Ltd. [1978]: Andrews was injured in a car crash involving an employee of Grand & Toys and was left quadriplegic. He won the case and was awarded $100K
Arnold v Teno [1978]: Arnold struck 4-year-old Teno with his ice cream truck, leaving her severely brain damaged. Teno was awarded $540K
Thornton v Prince George School District No.57 [1978]: Thornton, a 17-year-old boy, was injured during phys. ed and fractured his spinal cord. Thornton won the case and was awarded a total of nearly $6 million.
Young v Bella [2006]
Bella sued Young for defamation after a university paper misunderstanding. Bella submitted a paper in which she referred to a child abuse study without correctly citing it and Young, her professor, interpreted this to place Bella as the abuser. She reported her to CPS and Bella was registered as an offender. When Bella was unable to get hired, she sued and was awarded $839K.
Thomas v Hamilton School Board [2006]
Thomas broke his neck while playing in a high school football game. Thomas became a quadriplegic. Thomas and members of his family sued a number of defendants including the Hamilton Board of Education and his team’s coaches. He was awarded financial compensation.
Donoghue v Stevenson [1932]
Donoghue drank from a bottle of ginger beer which unknowingly contained a slug. She took the bar which served her to court and appealed numerous times seeking $500 in damages and soon won. This case set the neighbour principle.
