Tag Archives: Torts Law

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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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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Zuchowicz v. U.S. (2nd Cir. 1998)

Definitions: Post hoc, ergo propter hoc – logical fallacy that one former thing caused the latter Procedural History: This action arose under the Federal Tort Claims Act (FTCA) based on CT law. Defendant admitted doctors negligently d…

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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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