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    Case Briefs 2

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    William Bordelon Jr.
    This document summarizes several case briefs: 1. Soldano v. O'Daniels regarding a saloon owner's duty after a patron's father was shot and denied use of the phone. 2. Love v. Hardee's Food Systems involving a customer who slipped on a wet bathroom floor without warnings and sued for negligence. 3. Palsgraf v. Long Island Railroad Co. where a passenger's dropped fireworks exploded and injured a woman, questioning proximate cause. 4. Moore v. Kitsmiller about a homeowner's contributory negligence after a visitor fell in the backyard by a new septic tank. 5. Klein v. Pyrody

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    Case Briefs 2

    Uploaded by

    William Bordelon Jr.
    4K views2 pages
    This document summarizes several case briefs: 1. Soldano v. O'Daniels regarding a saloon owner's duty after a patron's father was shot and denied use of the phone. 2. Love v. Hardee's Food Systems involving a customer who slipped on a wet bathroom floor without warnings and sued for negligence. 3. Palsgraf v. Long Island Railroad Co. where a passenger's dropped fireworks exploded and injured a woman, questioning proximate cause. 4. Moore v. Kitsmiller about a homeowner's contributory negligence after a visitor fell in the backyard by a new septic tank. 5. Klein v. Pyrody

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    This document summarizes several case briefs: 1. Soldano v. O'Daniels regarding a saloon owner's duty after a patron's father was shot and denied use of the phone. 2. Love v. Hardee's Food Systems involving a customer who slipped on a wet bathroom floor without warnings and sued for negligence. 3. Palsgraf v. Long Island Railroad Co. where a passenger's dropped fireworks exploded and injured a woman, questioning proximate cause. 4. Moore v. Kitsmiller about a homeowner's contributory negligence after a visitor fell in the backyard by a new septic tank. 5. Klein v. Pyrody

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    4K views2 pages

    Case Briefs 2

    Uploaded by

    William Bordelon Jr.
    This document summarizes several case briefs: 1. Soldano v. O'Daniels regarding a saloon owner's duty after a patron's father was shot and denied use of the phone. 2. Love v. Hardee's Food Systems involving a customer who slipped on a wet bathroom floor without warnings and sued for negligence. 3. Palsgraf v. Long Island Railroad Co. where a passenger's dropped fireworks exploded and injured a woman, questioning proximate cause. 4. Moore v. Kitsmiller about a homeowner's contributory negligence after a visitor fell in the backyard by a new septic tank. 5. Klein v. Pyrody

    Copyright:

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    Brett Beter

    Case Briefs: Slodano, Love, Paslgraf, Moore & Klein

    Soldano v. O’Daniels

    Facts: After his father is shot, Soldano(the plaintiff) is denied use of the the phone at Happy
    Jack’s Saloon, which is owned by O’Daniels, by the saloon’s bartender.

    Issue: Was there duty to act? Is O’Daniels liable?

    Final decision: Ct of appeal reverses the summary judgement dismissal and allows the case to
    go to trial

    Love v. Hardee’s Food Systems, Inc.

    Facts: After entering Hardee’s bathroom, Love slips and hurts his back and leg on the wet
    bathroom floor, which had no cones, barricades, or anything else to caution one about a wet
    floor. Love’s mother informs a Hardee’s employee, and an accident form is filled out. After
    informing the employee, Love’s mother surveys the bathroom herself and sees the dirty water
    all over the floor. However, the supervisor testifies that the water seemed to have come from
    someone shaking their wet hands off; but that he could not recall the last time the bathroom
    had been specifically checked and cleaned. Plantiff was later taken to a hospital emergency
    room. As a result of his injuries, he ended up having 2 back surgeries, missed substantial time
    from work, and suffered from continuing pain and limited activities. Plantiff sues for negligence
    and jury rules in his favor for $125,000 in damages.

    Issue: Is Hardee’s negligent?

    Final decision: The judgement of the trial ct id affirmed

    Palsgraf v. Long Island Railroad Co.

    Facts: Some fireworks wrapped in newspaper fall out of a passenger’s hands, who just
    successfully boarded a moving train. When the fireworks fell, they exploded. The shock of the
    explosion threw down some scales at the other end of the platform many feet away. The scales
    struck the plaintiff, causing injuries for which she sues.

    Issue: Is there proximate cause?

    Final decision: Judgements of the appellate division and the trial cts reversed and the
    complaint is completely dismissed.
    Moore v. Kitsmiller

    Facts: Kitsmiller installs a new septic tank via B&H Shaw Company and follows the proper steps
    for doing so. About a week or 10 days prior to leasing the house to the Moore’s, Kitsmiller
    testified that the dirt around the tank looked firm. The first time that Moore and his wife walk
    in the backyard, Moore falls and injures his back—which ends up requiring surgery and affects
    his ability to earn a living.

    Issue: Was there contributory negligence?

    Final decision: Appellate court confirms original ruling of 51/49 ruling of contributory
    negligence in favor of Moore and a reward of $107,000

    Klein v. Pyrodyne Corporation

    Facts: The Kleins were injured when an aerial shell at a public fireworks exhibition went astray
    and exploded near them. Pyrodyne is a general contractor for aerial fireworks at public
    fireworks displays.

    Issue: Is there a strict liability claim?

    Final decision: SC found Pyrodyne strictly liable for all injuries resulting from the fireworks
    explosion because detonating fireworks is considered an abnormally dangerous activity.

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