torts

Cordas v. Peerless Transp. Co.

27 N.Y.S.2d 198 (1941) One-Sentence Takeaway: In applying the "reasonable person" negligence standard analysis, the conduct of a person faced with…

10 hours ago

Assault (Torts Law)

A person is liable for the intentional tort of "assault" if (1) he/she acts intending to cause a harmful or…

1 week ago

Ybarra v. Spangard

25 Cal.2d 486 (1944) One-Sentence Takeaway: The California Supreme Court applied res ipsa loquitur to hold that a patient who…

1 week ago

Winterbottom v. Wright

152 Eng. Rep. 402 (Ex. 1842). One-Sentence Takeaway: Under the traditional common law rules (later abandoned by the courts), there was…

2 weeks ago

Whittaker v. Sanford

85 A. 399 (Me. 1912) A seminal case on the intentional tort of false imprisonment. Defendant was a leader of…

2 weeks ago

Assault

The intentional tort of assault is an act intended to cause apprehension of an imminent harmful or offensive contact, which…

2 weeks ago

Zimmerman v. Ausland

266 Or. 427, 513 P.2d 1167 (1973) One-Sentence Takeaway: The plaintiff in a personal injury case cannot claim damages for…

2 weeks ago

Zaslow v. Kroenert

29 Cal.2d 541 (1946) One-Sentence Takeaway: One rightfully in possession of real property is not guilty of conversion because he…

2 weeks ago

Alienation of Affections

Torts.  A seldom used tort which provides that a person could be held liable to a husband or a wife if…

2 weeks ago

Active Negligence

The term "active negligence" refers to negligence which results from an affirmative act (e.g., driving into a parked car). Compare with "passive…

2 weeks ago

Bethel v. New York City Transit Authority

92 N.Y.2d 348 (1998). One-Sentence Takeaway: The standard of care applicable to common carriers is the same as that applied…

2 weeks ago

Bashi v. Wodarz

45 Cal. App. 4th 1314 (1996). One-Sentence Takeaway: The rule that a driver is not chargeable with negligence when he…

2 weeks ago

Barton v. Bee Line, Inc.

265 N.Y.S. 284 (1933) One-Sentence Takeaway: The New York Appellate Division reversed a trial court's jury instruction that held a…

2 weeks ago

Bartolone v. Jeckovich

481 N.Y.S. 2d 545 (1984). One-Sentence Summary: The court held that a plaintiff who suffered a psychotic breakdown following an automobile…

2 weeks ago

Andrews v. United Airlines

24 F.3d 39 (9th Cir. 1994). Plaintiff was a passenger in Defendant’s airline and was injured when a briefcase fell…

3 weeks ago

American Motorcycle Association v. Superior Court

20 Cal. 3d 578 (1978). One-Sentence Takeaway: The doctrine of comparative negligence extends to multiple tortfeasors, allowing for partial indemnity…

3 weeks ago

Alcorn v. Mitchell

63 Ill. 553 (1872) After a trial for trespass, Defendant spit in Plaintiff’s face.  Plaintiff sued Defendant for battery and…

3 weeks ago

Alcorn v. Anbro Engineering, Inc.

2 Cal. 3d 493 (1970) One-Sentence Takeaway: While mere insulting language generally is not sufficient to plead outrageous conduct for…

3 weeks ago

Adams v. Bullock

227 N.Y. 208 (1919). One-Sentence Takeaway: Defendant not liable for alleged negligence in the absence of any evidence that reasonable…

3 weeks ago

Abatement

The term "abatement" refers to the reduction in some amount that is owed, generally granted by the individual or entity…

3 weeks ago