PALSGRAF

Question 1

Palsgraf v. Long Island Railroad (Palsgraf case)

Answer 1

Plaintiff was train passenger who was injured by falling scales after another train passenger dropped fireworks with help of railroad employee–Court found NO duty because package appeared to be harmless, and Palsgraf’s harm was not foreseeable

Question 2

Hegyes v. Unjian Enterprises (shunt case)

Answer 2

Plaintiff injured in a car accident caused by an employee of defendant and years later plaintiff had complications with her pregnancy due to her injuries–Court found NO duty because child’s birth and injuries were not foreseeable at time of accident

Question 3

Dykema v. Gus Macker Enterprises (tree limb case)

Answer 3

Defendant held a basketball tournament and plaintiff was injured during tournmanent because storm came and tree limb fell–Court found no duty because no special relationship between defendant and plaintiff during the free event and plaintiff was free to leave, and there was no release/contract signed

Question 4

Graff v. Beard (party host case)

Answer 4

Plaintiff sued defendant as party host because one of their guests drove drunk and injured the plaintiff–Court found no duty to third parties from party hosts because guest was an adult and adult knows their drunkness level must better than party hosts do

Question 5

Kubert v. Best (texting case)

Answer 5

Plaintiff’s injured by defendant in car accident and defendant received a text message right before the crash from other defendant–Court found no duty for individual texting owed to plaintiffs, unless sender has knowledge defendant is driving and will read the text while driving