Tag Archives: Torts Case Brief

Metro-North Commuter R.R. Co. v. Buckley (U.S. 1997)

Procedural History: Buckley sued Metro-N. under the FELA and sought damages for emotional distress [and to cover the cost of future medical checkups]. Metro-N. conceded negligence but asserted that Buckley had not actually suffered emotional distress and that the FELA …

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Falzone v. Busch (N.J. 1965)

Procedural History: The complaint alleges that defendant was driving his vehicle negligently, which caused plaintiff emotional distress. The trial court granted summary judgment for defendant, holding that it was constrained to follow N.J. precedent that there can be no recovery …

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Cope v. Scott (D.C. Circuit Court of App. 1995)

Procedural History: Cope appeals a grant of summary judgment against him in favor of the government. Cope sued both Scott and the National Park Service. He settled with Scott and this Cope alleged that the National Park Service failed to …

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Lauer v. City of New York (N.Y. 2000)

Procedural History: Plaintiff brought several claims dismissed by the trial court. The Appellate Court affirmed the dismissals, except for the claim of negligent infliction of emotional distress, reinstated by a divided court. Plaintiff contends the City should be liable for …

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Fletcher v. City of Aberdeen

338 P.2d 743 (Wash. 1959) Facts The city dug a ditch in a parking strip adjacent to a sidewalk to place electric wires underground.  Suitable barricades had been erected to protect pedestrians from falling into the excavation, but a …

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