Tag Archives: Torts Case Briefs

Palsgraf v. Long Island R. Co.

FACTS: Palsgraf, plaintiff, was standing on a platform owned by the Long Island Railroad Company, defendant, waiting for the train to Rockaway Beach. At this time, another train bound for a different location stopped at the platform and two men …

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In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921)

Procedural History: The owners of a ship sought to recover damages from defendants who chartered the ship. Arbitrators decided that owners were entitled to recover the full loss (�…

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Benn v. Thomas (Iowa 1994)

Procedural History: Benn’s executor sued defendant for Lora Benn’s injuries and his death in 1989 after defendant’s vehicle rear-ended the van in which descedent was a passenger. The estate requested a jury instruction based on the “eggshell plaintiff&#822…

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Hymowitz v. Eli Lilly & Co.

Procedural History: Plaintiffs appeal in the context of summary judgment motions dismissed because the plaintiffs could not identify the manufacturer of the drug that allegedly injured them. The trial court denied all motions and allowed cross motions dismissing defenses that …

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Matsuyama v. Birnbaum (Mass. 2008)

Procedural History: A jury found that the defendant physician’s negligence deprived the plaintiff’s decedent of a less than even chance of surviving cancer. The jury found for plaintiff after hearing expert testimony estimating the lost chance that Matsuyama had due …

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