Cases to Know Flashcards
Poliak v. Adcock
TN case re:
Defense of self
- Father hit adult daughter’s sleeping boyfriend with 2x4, argued self defense and defense of property
- Court held the defenses were not applicable because force was not: reasonable, necessary, or proportionate
Ashe v. Radiation Oncology Assoc.
TN case re:
Informed consent doctrine
- Women with breast cancer gets radiation treatment, doctor doesn’t tell her that treatment has 2% risk of paralysis, woman is paralyzed
- TN SC held that appropriate standard for patient in ICD medical malpractice case is objective standard
- TN has similar community standard for medical professional SOC
Carson v. Headrick
TN SC case re:
Fireman’s rule
- Held a citizen owes no duty of reasonable care to police officers responding to that citizen’s call for assistance, as a matter of public policy
- Exceptions: gross negligence, intentional tort
- Bottom line: Policeman’s/firefighter’s rule in TN precludes firefighter and police officers from recovering damages for injuries arising out of risk particular to their employment (job-related risks)
Pokora v. Wabash Ry. Co.
USSC 1934 case re:
Establishing duty by rule of law
- Held TN/majority rule: Driver who stops, looks, and listens has done enough; no need to get out of vehicle
- Rejected PA/minority rule: unyielding duty to stop, look, and listen, no matter how clear crossing
- Courts should not decide if P used reasonable conduct as a matter of law, juries should
Baltimore and O.R. Co. v. Goodman
USSC 1927 case re:
Establishing duty by rule of law
- Held minority rule: Driver at RR tracks must stop, look, listen and exit (failure to do so is contributory negligence, bars recovery)
- When standard of conduct is clear, court must lay it down and not leave it to jury
Kilpatrick v. Bryant
TN 1993 case re:
Lost chance doctrine
- TN rejects lost chance doctrine
- P must show that it is more probably than not (greater than 50% chance) that but for D’s negligence, P would have recovered or survived
Biscan v. Brown
TN SC case re:
TN Social Host Liability
- Social host did not supply alcohol to minors but was aware that it was being consumed
- Held that
1. Social host had special relationship to his minor guests
2. Because social host knowingly permitted and facilitated consumption of alcohol by minors, he had a duty to exercise reasonable care to prevent his minor guests from harming 3P or suffering harm themselves
McIntyre v. Balentine
TNSC case re:
Comparative Fault
- TN uses modified comparative negligence system with 50% rule
Banks v. Elks Club Pride of TN
TN case re:
Tortfeasor liability
- Joint tortfeasors are severally (individually) liable for separate, independent negligent acts
- D rendering subsequent negligent medical treatment is severally responsible for his/her negligent act
Leatherwood v. Wadley
TN case re: Strict liability - Held that ultrahazardous activites are those that present an abnormally dangerous risk or injury to persons or their property - Examples 1. Blasting 2. Storage of explosives 3. Storage of harmful chemicals 4. Harboring of wild animals
State Farm Mutual Autombile Ins. Co. v. Campbell
USSC case re:
Punitive damages cap
- While states possess discretion over imposition of punitive damages, due process clause of 14th amendment prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeasors
- 3 guideposts that courts consider in reviewing punitive damages
1. Degree of reprehensibility of D’s misconduct
2. Disparity between actual and potential harm suffered by P and punitive damages awarded and
3. Difference between punitive damages awarded by the jury and civil penalties authorized or imposed in comparable cases
- No bright-line ratio, but typically 4-1 (single-digit ratio) between punitive and compensatory is good
Camper v. Minor
1996 TN case
re: NIED
- 1st NIED case in TN
- Proof of physical manifestation or physical impact is not required
- However, such claim has to be supported by expert medical or scientific proof
Ramsey v. Beavers
1996 TN case
re: NIED
- 1st case to permit recovery under these circumstances (P witnesses injury-producing event)
- Held that P who saw his mother hit by a car could bring suit for NIED regardless of whether he was physically injured or placed in immediate danger of being physically injured
- Abolished zone of danger test which enforced physical injury and contemporaneous fear requirements
Lourcey v. Estate of Scarlett
2004 TN case
re: NIED
- P in a NIED case who witnesses horrific death of another need not be related to the decedent to assert a NIED claim
Eskin v. Bartee
2008 TNSC case
re: NIED
- Permitted recovery of damages for purely emotional injury for a mother and her child who came upon a traffic car accident and saw their son/sibling severely injured
- First to allow P who didn’t witness injury-causing events to recover
