Negligence Cases Flashcards
Res Ipsa Loquitur
The plaintiff was driving in his Jeep Wagoneer behind the tractor trailer driven by the defendant, when the defendant drove over railroad tracks, causing the wheel under the body of the tractor trailer to fall. The back tires of the tractor trailer then ran over the tire that had just fallen, sending the 130-pound tire into the windshield of the plaintiff. The defendant testified that he had done a pre-check of the truck on the same day the accident occurred, where he noticed that the tire that is usually held with a latch was instead being held by a nut and bolt. It seemed, to the defendant, that one of the links of the chain holding the tire stretched and slipped from the nut securing it, which is what caused the tire to fall.
Negligence Per Se
On August 21, 1915, the plaintiff and her husband were travelling on a horse-drawn buggy when they were struck by the defendant’s automobile, killing the husband. A statute was in place that required that all buggies be operated with headlights at night. At the time of the accident, the plaintiff’s buggy did not have headlights. The plaintiff brought a case of negligence against the defendant since he drifted into their lane in the accident. The defendant countered by saying that the decedent was liable for contributory negligence since he did not have on headlights.
Negligent Infliction of Emotional Distress (Primary)
Gammon’s (plaintiff’s) father died at the Osteopathic Hospital of Maine, Inc. (the hospital) (defendant). Gammon alleged that, because of the hospital’s negligence, he was given a bag that was supposed to contain his father’s personal effects, but which instead contained a severed leg that had been removed from another person. Gammon began having nightmares, his personality changed, and his relationship with his family deteriorated.
Proximate Cause–Eggshell Plaintiff
Benn suffered a bruised chest and broken ankle after Thomas (defendant) rear‑ended Benn’s vehicle. Benn died of a heart attack six days later, and Benn’s estate (plaintiff) sued. Benn had a history of coronary disease, diabetes, had suffered a heart attack, and was at risk of having another.
Causation
Zuchowicz, the plaintiff, was prescribed 1600 milligrams of Danocrine for a one month period, which is double the maximum dosage amount of the drug. Zuchowicz developed primary pulmonary hypertension and other health problems and filed suit against the doctors and pharmacists (defendants) who gave her the dosage. She died after giving birth over the course of the lawsuit, and her husband continued the action on her behalf.
Express Assumption of the Risk
Powder Ridge Restaurant Corp., defendant, owns and operates a winter sports facility, offering many activities such as snowtubing. Hanks, the plaintiff, brought himself and four children to go snowtubing on February 16, 2003. He was required to sign an agreement with the company for himself and the children that released Powder Ridge from liability, both relating to the activity and to their own negligence. While snowtubing, Hanks’ foot got caught between the snowtube and man-made bank of snow on the path, and he had to have multiple surgeries to fix the injury. He then sued the defendant for negligence, alleging that the defendants could have made the ride safer for riders.
Negligent Entrustment
Wilson (defendant) provided funding so that her grandnephew could purchase a vehicle. Ace Auto Sales, Inc. (Ace) (defendant) sold the vehicle to Wilson’s grandnephew, and Gardner (defendant) was the salesman. At the time of the purchase, Wilson told Gardner that her grandnephew did not have a driver’s license and that he had failed his driver’s test several times. Wilson also knew that her grandnephew abused drugs and alcohol. Vince (plaintiff) was injured in an accident when she was a passenger in the car driven by Wilson’s grandnephew. Vince sued Wilson, Ace, and Gardner, alleging a cause of action for negligence entrustment.
Multiple Tortfeasors
Around 300 companies manufactured and marketed the drug DES for use by pregnant women to prevent miscarriages. Many years later, female children of mothers who took DES began to develop vaginal cancer and other complications. Because of the time lapse and other extenuating circumstances, it became difficult for mothers to know which pill they took, and the statute of limitations had already run.
Firefighter’s Rule
Levandoski, the plaintiff, was a local police officer responding to a noise complaint of a party, and he intended to end the party. While on the premises, the plaintiff observed Cone, the defendant, putting plastic bags in his pants while looking over his shoulder. Levandoski thought these bags contained marijuana. In an attempt to avoid arrest, Cone ran. While in pursuit of him, the plaintiff fell off a ledge onto some rocks and was severely injured.
Affirmative Duty
Randi (plaintiff), a 13-year-old student, alleged that Gadams, the vice-principal of her school, sexually assaulted her. She brought claims for negligent misrepresentation and fraud against four school districts (defendants) that had previously employed Gadams. Randi alleged that the school districts, despite knowing of complaints against Gadams for sexual misconduct, gave him unreservedly positive letters of reference, and that Randi’s school relied on these positive references in hiring Gadams.
Premises Liability
Carter (plaintiff) fell and broke his leg on a patch pf ice in the driveway of the Kinneys (defendants). The plaintiff was on the property to attend a bible study the defendants were hosting at their home, where the people who were invited to come were from the church. There was no general invitation to the public to attend the bible study, and the defendants did not receive money for hosting the bible study. The night before, the defendants had shoveled snow off their driveway, but they were not aware the following morning that ice had formed overnight. The plaintiff sued for his broken leg.
Secondary Implied Assumption of the Risk
Davenport, the plaintiff, rented a condo on the top floor of the building owned by the defendant. There were three different stairways that the plaintiff could use, but the middle stairway was most convenient for him. The floodlights, however, were broken on the middle stairway. After two months of calling maintenance to fix the stairway, the plaintiff fell down the stairs and was injured. He sued the defendant.
Negligent Infliction of Emotional Distress (Primary)
Falzone (plaintiff) was seated in a parked car while her husband was standing in a field next to the road. Busch’s (defendant) vehicle struck Falzone’s husband, and veered toward Falzone. Falzone was afraid for her safety. As a result of her fright, Falzone became ill. Falzone and her husband brought a negligence action.
Proximate Cause–Third Party Crime
Doe (plaintiff) was raped by an unidentified assailant on a portion of property owned by Manheimer (defendant) that was shielded from the sidewalk and street by overgrown bushes and grasses. The property is in a high crime area. Another rape occurred in a nearby building about three months before Doe’s rape. Manheimer’s mother had also been robbed in a liquor store on the property. Doe suffered severe emotional and psychiatric problems from the rape, and brought suit against Manheimer.
Medical Malpractice Res Ipsa Loquitur
On October 28, 1939, Ybarra, the plaintiff, consulted Dr. Tilley (one of the defendants) about pains in his stomach. Tillery diagnosed the plaintiff with appendicitis and scheduled an appendectomy with Dr. Spangard (another defendant) within a hospital owned by Dr. Swift (another defendant). On the day of surgery, the plaintiff went to the hospital, was given a hypodermic injection, was awoken by Drs. Tilley and Spangard, and was wheeled to the operating room by nurse Gisler (another defendant). There he was given anesthesia by Dr. Reser (another defendant), and he remembers that there were two hard objects at the top of his shoulders, an inch below his neck, when he went unconscious. When he woke up, he was attended by special nurse Thompson (another defendant) and a second nurse. He told his nurses and doctors that after his surgery he was experiencing a sharp pain halfway between his neck and his right shoulder. After he was released, his arm got worse—he developed paralysis and atrophy of the muscles around the shoulder. Plaintiff continued to see and receive treatments from Dr. Tilley until March 1940, which is when he returned to work with a splint on his arm per the advice of Dr. Spangard. Plaintiff was examined by two other doctors, both of which who stated that his pain resulted from a trauma or strain on his neck and right arm.
Standard of Care
Connors Company, one of the plaintiffs, owned a barge called the Anna C that was attached to a pier. The barge, at the time, was carrying cargo from the United States, the other plaintiff in this case. When Carroll Towing Co., the defendant, attempted to release its barge from another dock that was connected to a barge on the same pier as the Anna C. When it did, the Anna C broke loose and hit a tanker, whereby it filled with water and sank, causing both the barge and its cargo to be lost. The bargee that was supposed to be manning the Anna C, from Connors Company, was not at the boat at the time of the accident for his daytime shift.
