Torts

Davis v. California St. Cable T.T. (Cal. 1894)

D city constucting cable car system left a 28ft rail on sidewalk for 4 weeks, only one end under street lamp. P was aware of rail. Statute required D to light rail with latern, but failed. P rushed out of house to investigate shouts of "fire", and tripped on rail.

Payne v City of New York (P hit by stone left by D city, kicked up by 3rd party car)

D city left pile of cobblestones on street from repair job. Large car passed P who was driving on street; tires kicked up stones, one of which went through P's windshield. A = In re People ex rel von Schaick; Ridley v Grifall Trucking.

Dunn v. Employers' Liability Assurance Corp. (La. App. 1970)

D store left whiskey boxes in its supermarket aisle. P regular shopper noticed the boxes, and the got distracted talking to clerk about sale on Vienna sausage. She momentarily forgot about the whiskey boxes, stepped back, and tripped over the boxes.

Doss v Town of Big Stone Gap (P killed by airplane while on D's detour)

D town wrongfully blocked street near airport and established detour. Negligently driven plane crashed into P's car as he was driving on detour. A = Central of Georgia, Berry v Borough of Sugar Notch

Tuttle v Atlantic City RR (P hurt while fleeing from runaway trailer)

D was moving railcars around during a "flying drill". One railcar broke loose and flew across the street, crossing two curbstones and trolley tracks before hitting a house opposite the train yard. P was on the sidewalk near the house and saw the car coming at her. Frightened, she ran down the sidewalk and fell, injuring her knee. A = Metcalfe v Glasgow Realty

Parlato v. Connecticut Transit (P injured by leaf-obscured hole in D's bus stop area)

D's bus stopped at the designated stop area and let P off during the daytime. In walking across the bus stop area, P stepped into a hole obscured by leaves and injured her left fibula. She has never noticed this hole before. No evidence that any employee of D ever knew of the hole's existence. Driver had been at stop twice a day for over a year and never saw hole. TC verdict for D, P appealed for insufficency of evidence.

Railway Express Agency v. Brabham (D's employee ran over box with children inside)

D's employee gave other employee a ride home on his way to a delivery. After dropping the man off, the employee drove down the street and ran over a slowly rolling cardboard box at 8-10 mph, even though there was ample room to go around. Two boys were in the box; one was killed and the other seriously injured. Appealed from a jury verdict for Ps. Analogous to Barker v. City of Philadelphia.

Cobb v. Indian Springs (D's security guard encouraged young man to drive recklessly)

D's security guard was taking P home, when he met a young man driving a newly acquired '64 Comet. He asked to drive it, and when denied, told the young man to drive it over a short course to see what it could do. The guard told the youth to cut the throttle at a certain point on the return. On the 80 mph return, the youth lost control of the Comet, and it fishtailed into P. Plaintiff appealed Directed Verdict for D. Analogous to Weirum v. RKO.

Simonsen v. Thorin (P's car struck fallen trolley pole)

D's son while driving D's grocery truck in the scope of his employment struck a trolley pole, causing it to fall into the street. D's son was driving the truck carefully at the time. However, D's son failed to remove the pole from the street, which could easily have been done, and shortly thereafter the car in which P was riding struck the pole. Appealed from a jury verdict for P. Analogous to Montgomery v. National Convoy & Trucking.

British Columbia Electric Ry. v. Loach (P.C. Can. 1915)

D's train was knowingly sent out with defective brakes, and it was unable to stop when engineer saw P's horse-drawn wagon negligently stuck on track at crossing. P passenger on wagon did not take reasonable precaution to make sure track was clear, nor did he jump off the wagon before train crased into it.

Osborne v. McMasters (Minn. 1889)

L - D drugstore sold poison to P's deceased without labelling it "poison" as required by statute. P ignornantly drank it, and died. (NIT, RFH - the statute was designed precisely to prevent the type of harm to class of person of which P was a member) [A2 Martin v. Herzog; DF Gorris v. Scott]

Bradford v. Robinson Rentals, Ltd. (Devon Assizes 1967)

L - D employer insisted that P employee embark on a cross-country trip in an unheated car during heavy snow and exceptionally cold winter. P took every reasonable precaution but got frostbite. (Duty & breach: AA of sending him on trip, employer/employer, NIT, RFH) [DF Blyth v. Birmingham (SS: severe winter, foreseeability of harm, new tech)]

United Novelty Co. v. Daniels (Miss. 1949)

L - D employer negligently permitted it's employee (P's deceased) to clean its vending machine with gasoline, even though the room was filled with fumes and contained a lighted gas heated. P disturbed rat with gas-soaked fur that ran from under machine, hid behind gas heater, ignited and ran back to machine which exploded killing P. Court: no distinction btw explosion by means of animal vs. normal type reasonably foreseeable under the circumstances (NIT, RFH) [A2 Ridley, In re People; DF Davidson, Amica]

Mahone v. Birmingham Electric Co. (Ala. 1954)

NL - D bus driver deposited P passenger on street instead of crub marked as a bus zone, as mandated by city ordinance, and P slipped on a banana peel, fell and was injured. (OSR, LT-MSR i.e. incidental relationship between letting off passenger and banana slip) [A2 DiCaprio, Lua, Sugar Notch]

Black v. New York, N.H. & H.R.R. (Mass. 1907)

L - P, a blackout drunk passenger on D's train, fell down stairs after being assisted off a train by D's employees. Court: AA (D's employees placed P in risky situation), undertaking (took him off train, and abandoned him in precarious position), and common carrier / passenger.

Snyder v. Colorado Springs & Cripple Creek District Ry. (Colo. 1906)

NL - P was standing near door of D's crowded train car. D's conductor pushed through the crowd, angering another passenger who lifted himself up and pushed P, who fell over another passenger sitting on steps behind him, and was thrown off moving railcar.

Rubio v. Swiridoff (Cal. App. 1985)

NL - D blew off his estranged girlfriend in a cloud of exhaust and drove off at high speed. She passed him speeding even faster and collided with the P's deceased. (IIT) [DF Weirum (SS: encouraging unsafe driving, responsisble adult vs. EFR)]

Pamela L. v. Farmer (D enticed girls to her home knowing that husband was a sex offender)

"D knew her husband was a sex offender and that he intented to molest the Ps, three neighborhood girls. D invited the children over to swim in their pool, baked cookies and prepared refreshments to entice the children to her home. The husband sexually molested Ps. [A2 Wlasiuk v. McElwee, Tarasoff v. Regents of UC; DF Wise v. Superior Court]

Falk v. Finkelman (firetruck crashed into D's overparked car hitting P)

"D overparked his car (more than 20mins prohibited) and also parked it in front of a fire hydrant (also against city ordinance). P was walking down the street when two fire trucks crashed into each other, and one collided with D's parked car and pushed it 10-15 onto the sidewalk where it struck the P. [A2 Mahone v. Birmingham Electric Co,Milligan v. County Line Liquors ]

Ford v. Jeffries (D's unsafe house burned and fire spread to Ps)

"D owned a vacant house that in a state of disrepair. P neighbor complained about it to D and city, and D promised to ""fix up everything"" (undertaking). Some minimal repairs were made but the house was still in violation of the fire code. A fire start in D's house, damaging it, but D made no repairs. P complained again but nothing was done. A second fire spread to P's house and burned it down. [A2 Philco Radio & Television Corp v. J. Spurling]

Mills v. Central of Georgie Ry. (railroad torpedo)

"D railroad left a signal torpedo (innocuous and attractive-looking device that is explosive) on its tracks. If a torpedo was not detonated to signal trains, D's employees were supposed to pick it up. P's two sons (15 and 8)found the torpedo, and the younger son hit it with an iron nut or hammer to open it, and it exploded shooting a piece of shrapnel that killed his brother. [A2 Mathis v. Granger Brick & Tile Co, Hughes v. Lord Advocate]

Lindstrom v. Hertz Corp. (D rented car to foreigner who caused accident with P)

"D rented a car to a foreign driver, who in attempting a U-turn between concrete barriers on a 4-lane divided highway, nearly was struck by a mobile home that swerved to avoid him. P motorcyclist was right behind the mobile home and did not see the foreigner's car, crashing into it. P alleged that D's breach of duty was not providing the foreigner with a copy of the DMV booklet. [A2 Harper v. Herman, Capps v. Brashear]

Cole v. Housing Authority (D left stake at construction job and boy hit P)

"D1 operated a housing project where P (8) lived with his family. D1 contracted with D2 construction company to re-do sidewalks. D2 placed several piles of sand on the property, and used metal and wooden stakes during the job that workers were supposed to pick up at the end of the day. P was playing on the sand pile when another boy hit him with a stake that had not been picked up. [A2 Donehue v. Duvall, Bolsenbroek v. Tully & DiNapoli, Inc.]

Sider v. General Electric (P killed by short-circuit caused by D's transformers)

"P and 12 other workers were on on power company's transmission tower performing repairs. After they installed D's transformers, the power was turn back on and there was a short circuit that killed P and the other workers. D's transformers were delivered to the power company with a not completely obvious ""packing block"" that caused the failure. D gave no notice of this potentially dangerous condition, but a reasonably careful inspection would have revealed it. [A2 Herman v. Markham Air Rifle Co]

Lucas v. Pollack (trespassers hurt by own fire on D's land)

"P and friend, migrant farm workers, were residing in a camp on 27 acres of undeveloped land owned by the D. The structure that P lived in was made of wood and plastic and lit by an open-flame candle. They had a few beers, fell asleep and P woke up in the hospital with severe burns. [A2 Cleveland Electric Illuminating Co. v. Van Benshoten, Ornelas v. Randolph]

O'Malley v. Laurel Line Bus Co. (D bus let P off in storm, hit by car)

"P and friends riding D's bus on dark and stormy night, but the driver could see. P asked the driver to let him off at the next stop, and the driver agreed. The driver was expected to let passengers off at the side of the road. The bus stopped, P's friends safely alighted, but when stepped out of the bus he was immediately hit by a car travelling the opposite direction. [A2 Betancourt v. Manhattan Ford Lincoln Mercury, Hairston v. Alexander Tank & Equipment; DF Mahone v. Birmingham Electric]

Channel v. Mills (D speeding hit P who ran a red light)

"P driving W on street heading towards intersection. D was speeding S on other street heading towards same intersection. Both drivers claimed they had the green light. D broad-sided P. Jury returned verdict for D, stating that he had the green light. P argued that even if she ran a red light, if P wasn't speeding he could have avoided accident. D's speed was a coincidental cause of the collision, not a proximate cause. [Texas & Pacific Ry. v. McCleery, Berry v. Borough of Sugar Notch]

Werkman v. Howard Zink Corp. (D's garage door hit P on the head)

"P walking in public alley, and as she passed the D's building, she was hit of the head by the D's descending garage door. The door was spring-loaded and its downward flight projected 4ft beyond D's property line into the alley (in violation of building code that held ""no projection whatsoever shall be allowed in alleys except a curb extending not more than 9 in""). [A2 Osborne v. McMasters]

Parrot v. Wells, Fargo & Co. (P landlord sued D tenant for blowing up his building with nitroglycerine)

A man brought to D Wells Fargo's New York wharf a wooden crate to be shipped to CA. When it arrive in San Francisco, it was leaking and had stained another box. As its usual custom, D decided to open the boxes to assess responsibility for the leak an see what damage to the other box the leak caused. When D's employees began to pry the crate open, it exploded killing them, everyone else nearby, and blowing up P's building. The leaking crate contained nitroglycerine which was only then known in scientific circles. TC entered judgement for D and P appealed.

De Filippo v. NBC (son died attempting a TV stunt)

A stunt artist on the Johnny Carson show demonstrated a stunt involving dropping through a trapdoor with a noose around his neck. The artist explicitly said the stunt was "not something you want to go and try." Ps returned to their house and found their son, a regular viewer of the show, hanging from a noose in front of the TV set. Appealed on summary judgment for D, analogous to Walt Disney Productions v. Shannon.

McKenna v. Garcia (P neglgiently crashed into several objects and was ultimately stopped by D's boulder)

A vehicle, in which P's decedent was a passenger, struck a utility pole and a mailbox. Then the vehicle proceeded without stopping through an intersection goverened by a stop sign, and ended up on D's property where it struck a bolder and stopped on its side between two trees. P alleges D had been negligent in not moving the boulder. TC dissmissed the complaint and P appealed.

Schreiner v Great Northern Ry. (D didn't fence off tracks and cow bumped P into train)

Against statute, D did not fence tracks off from adjoining lands. Intent of statute to protect livestock from wandering on tracks. P walking by tracks, and as train was moving along, a cow bumped into P and knocked him onto tracks and his arm was crushed by wheels. Hit by train. A = DiCaprio v New York Central RR

Whitehead v. General Telephone Co. (D's employee removed lightning arrester from P's phone line)

D construction company's employee removed the lightning arrester from P's phone line in the process of replacing her siding; it hung suspended only by its own wires. The employee left for lunch, and was prevented from returning by a rainstorm. The next day, P's left ear was injured by an electrical discharge emitted from the earpiece of her phone and caused by a bold of lightning. D telephone company had not properly grounded the arrester, and if it had, the arrester still would have worked even while suspended from its wires. D telephone company appealed jury verdict against it. Analogous to Southwestern Telephone & Telegraph v. Abeles.

Thing v. La Chusa (Cal. 1989)

D driver negligently struck P's son; she heard about accident, rushed to scene, and saw her unconscious son's bloody, broken body

Schneider v. Macari (Ariz. 1975)

D driving car 5-10mph on street, and saw P boys running towards street. She thought they would slow down, but theyran right into her car.

Delair v. McAdoo (D's tire blew out, causing collision w/ P)

D drove on tire that according to disputed testimony was worn so thin that the inside lining of the tire was visible. The tire blew out on the road and caused D to swerve into P's car. D appealed trial court's denial of his NOV motion. Analogous to Anjou v. Boston Elevated Railway, Pouncey v. Ford Motor Co.

Ford v. Gouin (Cal. 1992)

D friend was driving speed boat towing P who was water-skiing barefoot and backwards. P experienced skier selected the site, a 120ft-wide channel, and was wearing protective neck brace. D was driving too close to the river bank, and a P's head struck a tree limb and he was seriously injured.

Kahn v. East Side Union High School District (Cal. 2003)

D high school swimming coach promised P student (afraid of shallow racing dives and had no experience or training) that she could participate in meet by starting in the pool on relay. D at last minute told P she needed to dive, and that she would not be allowed to participate if she didn't. P was practicing, and on 3rd dive broke her neck.

Jansen v. Children's Hospital (Ct. App. 1973)

D hosptial failed to diagnose P's daughter who died of massive GI hemorrhage caused by ulcer. P had to watch her die in hosptial.

Wilks v. Hom (Ct. App. 1992)

D landlord provided house with defective propane system, and P mother was in adjacent room (still zone of danger) when large explosion severely burned daughters, one later died. P partially burned pulled daughter's burned body from house.

Soileau v. South Central Bell Telephone Co. (La. 1981)

D left temporary telephone wire (flat black) unburied for six months despite P's complaints, but 6 mos later P forgot and tripped over wire on dark night.

Christensen v. Superior Court (Cal. 1991)

D mortuary harvested Ps' decedents organs, mutiliated their dead bodies, removed jewelry, and cremated bodies en masse. Ps restricted to close relatives who were aware of services to be performed by D.

Lindley v. Knowlton (Cal. 1918)

D negligelnly allowed his chimpanzee to escape, and it entered P's home and attacked P's children, choking one of them severly. P heriocally battled chimp, was not physically injured but feared harm to herself and kids. After the incident she became hysterical.

Dulieu v. White & Sons (1901)

D negligently drove horse-drawn van into public house. The horses came very close to P's head, who feared immediate personal injury, was shocked, fell ill and had premature birth of mentally disabled child. No physical injury to P.

Christy Brothers Circus v. Turnage (Ga. 1928)

D negligently made dancing circus horse back toward P seated guest, and the horse evacuated bowels into P's lap causing humiliation and embarassment.

Dillion v. Legg (Cal. 1968)

D negligently ran down and killed child while Ps, mother and sister, watched. P mother was not in the zone of danger.

Pease v. Sinclair Refining Co. (2d Cir. 1939)

D oil company sent P high school chemistry teacher fake kerosene under promotional deal for teachers. P tried to perserve sodium metal in the fake kerosene (colored water), and reaction caused terrific explosion.

Henry v. Bi-District Board of Urban Ministry (Asleep P assaulted with brick at D's day shelter)

D operated a non-profit "day shelter" for the homeless of Nashville, TN. P visited the shleter to clean up and rest after a crack cocaine binge. While at the shelter, P slept in the shelter's "great room," a large open room. While asleep an unknown man entered to obtain food from the attendants and after recieving bread man went to the great room and saw P asleep. Thereafter P left the shelter, obtained a brick from an alley outside, re-entered, ant proceeded to strike P in the head. Man fled the scene. D filed for summary judgment that neither D owed a duty to protect P from criminal actions of a third party. TC granted and P appealed.

Moreno v. Balmoral Racing Club (D didn't provide heating, and P used a charcoal grill)

D owned and managed the apartment where P's deceased lived. The apartment was without heating (against local ordinance) and on a freezing day, the P placed a charcoal grill in his room, lit it, and died of carbon monoxide poisoning. [A2 Aguirre v. Adams]

Travell v Bannerman (P boy injured by explosives discarded by D)

D owned gun and ammo factory and adjacent lot. Lot used as casual dumping ground for ashes and refuse from factory; was unfenced. Boys used lot as playground. P and other boys took explosive material from lot and were injured when one of the boys pounded it with a rock and it exploded. A = Keffe v Milwaukee & St Pail R. Co; Richardson v Ham; Lordi v Spiotta; Herrick v Wixom

Williamson v. Bennett (N.C. 1960)

D pulling out of her private drive way negligently collided with P who heard a grinding sound that gave her a false flashback to accident in which her brother-in-law had killed a child. The incident triggered P's neurotic condition.

Chadwick v. British Railways Board (Q.B. 1967)

D railroad negligently caused massive train wreck, and P's deceased who lived nearby came to rescue and worked through the night crawling into small places to help victims and administer morphine shots. P became psychoneurotic and had to go to mental hospital. P's wife sued D railroad.

Clomon v. Monroe City School Board (La. App. 1986)

D school negligently supervised and failed to escort 4-year-old special needs child when alighting from school bus, and P ran over child causing emotional distress.

Monzon v. Southern California Regional Transportation Authority (Cal. App.)

Ds willfully left railroad tunnel in park in an apparently abandoned state (illegible warning signs, no fencing). Ps family were hiking in park and were in tunnel when Ds' train came and killed Ps' deceased wife and sister, respectively, in Ps' presence. Although P did not see her sister get hit by train, she knew the injury was occuring.

Garcia v. Superior Court (P sued D state and parole officer for death of mother by parolee)

Johnson went to prison for killing his wife and when released on parol D became his parole agent. Johnson began a romantic relationship with P, but, after P moved out, Johnson began a campaign of violence, intimidation and agression at her. D talked with the two together and Johnson denied the threats and D believed him. But a week later Johnson told D of a plot to kill P and D placed Johnson under custody for psych observation. D convinced P's attorney not to file a restraining order, but said he would file one himself. But D changed his mind and telephoned P to convince her that there was nothing to worry about, though D knew this not to be true, and that Johnson was still in love with P. P didn't take steps to protect herself and was kidnapped and shot by Johnson. TC sustained D's demurrer to P's complaint and P appealed.

Mucsi v. Graoch Associates Limited Partnership #12 (Wash. 2001)

L - 5 days after a snow storm, P tenant and family/guests were leaving apt complex owned by D landlord. Snow was cleared from sidewalks and main hallways, but P used side exit that was still covered in snow. P slipped, fell and sustained injuries. Court: snow hazard was a known risk [DF Yania (defect vs. no defect, P not at fault vs. reckless, voluntary act])

Sapp v. United States (W.D. La. 1957)

L - Air Force B-47 bomber crashed and burst into flames within few feet of Ps' trailer home, burning the home and injuring P. Plane had engine trouble, and unexplainably crashed on approach to airfield. The weather was fair and no reports of turbulence. (exclusive control, accident of this nature does not ordinarily happen if due care has been exercised proper maintenance, inspection, competent pilot etc.) [DF Walston 697 level of technology and risk avoidance procedures]

D'Anna v. United States (4th Cir. 1950)

L - D Navy's plane after steep dive, fuel tank detached and crashed into P's fruit stand in a market. The tank was fastened beneath the plane onto bomb racks by hooks. The hooks sheared and failed. Most recent inspection did not notice anything wrong. Evidence was destroyed. (hook under D's exclusive control) [A2 Byrne (no possible other instrumentality, activity more inherently dangerous)]

Stagl v. Delta Airlines, Inc. (2d Cir. 1995)

L - D airline maintained disorderly baggage claim area at which P, an old woman, tried to retrieve her bag when another passenger grab his bag, which hit another bag that fell on P and she broke her hip. (D had full dominion and control over area, invitor / invitee thus D was required to take all reasonable safety measures) [DF Gray (SS: Ps injured at airports, baggage claim vs. ticket counter)]

Wills v. Wisconsin-Minnesota Light & Power Co. (Wisc. 1925)

L - D amusement park operated baseball field with no screen behind plate, line drive foul ball hit P child who was spectating for nearby road. (B<PL, untaken precautions: no screen, locating baseball field somewhere without people milling around i.e. at an amusement park) [A2 Salevan 361 (Ds knew that foul balls could have hit passers-by and did not take any precautions to prevent injury); DF Pitre (SS: baseball, risk of harm higher here)]

Wlasiuk v. McElwee (N.J. Super. 2000)

L - D and P lost in a dangerous part of town. D driver invited a hitchhiker into the car to give them directions in exchange for a ride, despite P's protest. Hitcherhiker held them up shot P. (AA created foreseeable risk of harm) [A2 Weirum (encouragement and enabling of dangerous persons); DF Richards (SS: enabling criminals, but car thief not foreseeablely negligent driver)]

Mathis v. Granger Brick & Tile Co. (Wash. 1915)

L - D brickyard operated unguarded blasting pit where D's worker habitually left blasting caps. The pit was near a school and children frequently played in it. Two boys (13 and 14) found caps (one knew what they were) and took them to school. Cap fell out of boy's pocket and P (11) picked it up and took home. P's mother found cap but thought it was pencil ferule. P tried to pick dirt out and it exploded, severely injuring hand. (NIT or EFR, mother's conduct not IIT b/c mistaken belief was reasonable)

Matthews v. Greyhound Lines, Inc. (Ariz. 1995)

L - D bus company's driver (who had a prior history of negligent driving and falling asleep at wheel not adequaetly investigated by D and contractor) swerved off highway, lost control and crashed bus. P injured passenger contends D fell asleep at wheel, who claims sunlight blinded him. (negligent as a matter of law, claim of being blinded by the sun is not a valid excuse)

Hughes v. Lord Advocate (H.L. 1963)

L - D city maintained open manhole in street with shelter tent, paraffin warning lamps at corners. D's employees left site unmanned on tea break, P boy and another boy took lamp and a ladder into tent to explore. Boy tripped over a lamp which fell into manhole. The paraffin escaped, vaporized, ignited and exploded, vacuum sucked P boy into the manhole and he was burned. Court: although the exact mechanism of the accident was not reasonably foreseeable, general burning accident was foreseeable. (EFR, RFH) [DF Doughty (scientists did know that paraffin lamp could leak and explode)]

Gibson v. Garcia (Cal. App. 1950)

L - D city operated streetcar system and maintained wooden poles near sidewalks. Negligent driver crashed into one of the poles, which broken and fell on and serverely injured P. Subsequent investigation discovered that wooden pole was rotten. (DCE)

Barker v. City of Philadelphia (E.D. Pa. 1955)

L - D city's trash truck driver unaccountably ran over large piece of brown wrapping paper in gutter in which P's deceased and another child were hiding. The driver was nearly back to truck garage and knew that area of city was full of children playing. D noticed wrapping paper, tried to avoid it, but failed. [A2 Fuentes v. Consolidated Rail]

Kirincich v. Standard Dredging Co. (3d Cir. 1940)

L - D company failed to equip its barge with lifesaving floatation devices. P deckhand fell overboard and crew were not able to rescue him by heaving lines, P failed to grasp line. Drifting out in ebb time, he called back "Good-bye, fellows!" (if crew had floatation devices P would have been rescued)

DeHaen v. Rockwood Sprinkler Co. (N.Y. 1932)

L - D contractor managing building project built a hoistway for lifting materials through elevator shaft, but failed to install statutorily-mandated barrier to prevent items from falling in shaft. Worker left radiator 1 ft from from unprotected hoistway, another worker accidentally knocked it over and it fell down through the shafting killing P worker. (DCE, RFH, Chief object of statute was to protect workmen from the hazard of falling, but this type of accident was within "zone of apprehension") [A2 Osborne, Martin; DF DiCaprio (P in protected class vs. parents not livestock owner), Gorris v. Scott]

Michael R. v. Jeffrey B. (Cal. App. 1984)

L - D encouraged another boy to shoot marble at P, blinding him. (misfeasance) [A2 Weirum (D's speech encouraged dangerous behavior and unreasonable risk); DF Yania (victim took risk upon himself and was an adult)]

Russo v. Grace Institute (N.Y. Sup. Ct. 1989)

L - D erected scaffold next to building in which Ps rented an apartment. Ps assaulted when robbers used D neighbor's scaffold for access. [DF Einhorn (SS: 3rd party increased criminal risk in apartment buildings, misfeasance erecting scaffold vs. nonfeasance failure to repair)]

Theisen v. Milwaukee Automobile Mutual Insurance Co. (Wis. 1963)

L - D exhausted high school play actor was driving friends including P home at 3am after cast party. D fell asleep at wheel, passengers tried to wake him, but car crashed into tree stump. Court: no justification for falling asleep at the wheel therefore D was negligent as a matter of law.

Ocotillo West Joint Venture v. Superior Court (Ariz. 1993)

L - D golf course's employee gave back to drunk P's deceased car keys that other employees had taken from him for his own protection. P crashed his car and was killed. Court: undertaking of withholding keys from P created duty, also AA of giving P keys. [A2 O'Toole (same case for AA, faciliating drunk driver), Zelenko (taking charge of helpless person and making the situation worse)]

U.S. v. Carroll Towing Co. (2d Cir. 1947)

L - D harbormaster improperly tied Anna C cargo ship to pier after moving ship to dock a barge. Anna C broke free, collided with tanker whose prop punctured Anna C's hull under waterline. Damage not detected quickly enough and ship sunk. P's bargee was supposed to be on board at time of accident but was AWOL. Hand: D was negligent for improperly docking Anna C. P was contributorily negligent b/c bargee did not exercise reasonable care when leaving the ship unattended during working hours.

Baxter v. Roberts (Cal. 1872)

L - D hired P to remove a fence between D's flooded lot and a shanty (knowing that shanty inhabitants were armed and would resist, with telling P of risk). P was shot at. (Duty: AA or employer / employee) [A2 Wlasuik (Ds put Ps in danger); DF Burks (here D knew of specific danger)]

Nigg v. Patterson (Cal. App. 1990)

L - D hired a juvenile criminal to staff late night shift at laundromat through a state-licensed drug treatment program. Juvenile severely beat P customer with a hammer. D never asked program about juvenile's background. Court: D owed a duty of care to its customers to investigate his background. [A2 Johnson, Tarasoff; DF Davidson]

Isaacs v. Huntington Memorial Hospital (Cal. 1985)

L - D hospital failed to protect P doctor employee from being shot by a mugger. Parking lot was a high crime area (similar priors), and hospital had made decision to disarm its security guards (AA). Untaken precaution (rearming security guards) would not have been burdensome.

Benedict v. Eppley Hotel Co. (Neb. 1954)

L - D hotel was hosting bingo game, and D's employees responsible for furnishing event and supervision. P paying player got folding chair for Ds took it mothers table, sat in it for 20-30mins before it collapsed injuring her. Later discovered that bolt on one side of chair was missing. (D had ownership, possession and control of chair and duty to maintaine it in a reasonably safe condition) [DF Schroerlucke]

Louis v. Louis (Minn. 2001)

L - D installed a slide in the shallow end of his pool, and P licensee suffered a spine injury going down it head first. D thought it was dangerous to dive (warning sign), but did not think sliding head-first was dangerous.

Lordi v. Spiotta (N.J. 1946)

L - D invited P and son to stay at his summer home. D incorrectly turned off gas valve on water heater, and later asked P to light the stove. P struck match causing explosion that injured himself and killed his son. Court: guests must "take place as he found it" but doesn't make D NL for harm caused by unknown danger created by D's negligence (analogous to trap). Licensees owed duty for nonfeasances if D has knowledge of danger.

Yazzolino v. Jones (Cal. App. 1957)

L - D landlord failed to fix dangerous railing on rear stairway of two-story apartment, and tenant's child's guest (P) leaned against railing which failed and P fell and was injured. Court: P considered invitee (not licensee) b/c D has a business interest in use of property by guests of tenants. D owed P an affirmative duty to maintain the premises in a safe condition.

Vasquez v. Residential Investments, Inc. (Cal. App. 2004)

L - D landlords failed to replace glass window pane ($15 fix) in apt's front door through which estranged former boyfriend entered and fatally stabbed her. Ps submitted numerous requests to D to replace pane because of security risk. P's brother made temporary fix with plywood, also similar prior. [DF Saelzler (less burdensome untaken precaution); Sharon P (Id, similar prior)]

Yu Fang Tan v. Arnel Management Co. (Cal. App. 2009)

L - D landlords of large apt complex failed to implement minimal security improvements (minor enhancements to security gates) and P tenant was shot during attempted carjacking when he was looking for parking outside gated area. (similar priors, improvements not burdensome) [DF Saelzler, Sharon P]

Herman v. Markham Air Rifle Co. (E.D. Mich. 1918)

L - D manufacturer negligently shipped a loaded air rifle to a retail store and did not warn distributors. P employee of retail store was injured when a customer handling rifle pulled the trigger (DCE) [A2 Village of Carterville, Elbert]

Haft v. Lone Palm Hotel (Cal. 1970)

L - D motel's pool lacked a lifeguard, warning signs and several safety devices required under Cal. Health & Saf. Code. D had been previously warned by inspectors. During off-season, P's deceased husband and 5-year-old son could not swim well, and drowned in unattended pool. Sole witness saw them approaching deep end, then discovered bodies 30mins later. (D failed to satisfy mandatory safety requirements, untaken precautions, that would have saved Ps) [DF Stacey (precautions would not have prevented harm)]

Weirum v. RKO General, Inc. (Cal. 1975)

L - D radio broadcast contest that predictably induced teens to race on highways to catch DJ awarding prizes. Two teens ran P's deceased off the freeway. (Duty & Breach: AA of broadcast increased risk to D's class. Dangerous, commercial speech not protected by 1st Amendment.; EFR, concurrent efficient causation)

Robison v. Six Flags Theme Parks, Inc. (Cal. App. 1998)

L - D operated a parking lot with picnic area in the center. There were no barriers between lot and picnic area. A man and mentally disabled woman were trying to jump start their car, and she lost control, crashing into Ps sitting at picnic table. (DCE, even though the precise set of facts were not reasonably foreseeable, there was a foreseeable risk of injury to picnic-area guests from a runaway car) [A2 Bigbee 366]

Elgin, Aurora & Southern Traction Co. v. Wilson (Ill. 1905)

L - D operated railroad next to ball park with sidetrack to park railcars for spectators. D's switch operator left post to watch baseball game at adjacent field, and a group of young boys started playing unsupervised near the switch. One boy threw the lever over, and fast moving train with P passenger abroad was diverted onto sidetrack where it collided with parked railcars, injuring P. (EFR) [A2 Carmona; DF Cole (SS: mischevious boys, failure to supervise vs. wrongful act was way beyond reasonable expectations), Donehue v. Duvall (here more significant breach of duty and a scarce oppportunity for FRs)]

Vetrone v. Ha Di Corp. (N.Y. App. Div. 2005)

L - D party promoter oversold tickets to D restaurant's New Year's party. Expecting that party would be crowded, Ds hired P security guard. Eventhough party was oversold, D resaurant let in additional patrons at the door. Party became overcrowded, and a crowd of people including ticket holders gathered angrily at door. Associate of D promoter told them all to go home and fight broke out, injuring P. (EFR, RFH) [A2 Weirum; DF Snyder]

Southwestern Telegraph & Telephone Co. v. Abeles (Ark. 1910)

L - D phone company, following industry standards, failed to ground surge protector on overhead wires. Lightning struck wire causing loud noise that partially deafened P. D's failure to ground surge protector breach of duty despite industry standards. Lightnings strikes foreseeable. [DF Cooley v. (grounding a surge protector less burdensome than insulating all wires or constructing catcher baskets)]

Garibaldi & Cuneo v. O'Connor (Ill. 1904)

L - D piled stacks of bananas and boxes on public sidewalk, obstructing path for pedestrians, including P forced into narrow passageway, and slipped on a banana causing injury. (Duty & Breach: AA) [DF Selger (SS: hazard on sidewalks, misfeasance vs. nonfeasance)]

Chase v. Washington Water Power Co. (Ida. 1941)

L - D power company constructed power lines along highway abutting P's ranch with preexisting barbed wire fence. Pole was supported by uninsulated guy wire (custom) that was touching wire fence. Fighting chicken hawks completed 28in circuit between high voltage lines and guy wire, starting fires in dry grass along fence that burned down P's barn. P introduced evidence that bird-caused power outages had previously occured, and hawks abounded. ( unusal and extraordinary but not unforeseeable, NIT, RFH)

Bahan v. Green Bus Lines, Inc. (N.Y. App. 1983)

L - D pulling into bus stop at 5mph with unobstructed vision ran over what appeared to be a white bleach bottle, which exploded and sprayed Ps waiting passengers with acid causing severe injuries. Court: foreseeable that crushin such bottle might spray dangerous substance. (Duty: CC or affirmative act, breach: not avoiding bottle, NIT, RFH) [A2 Barker, Dellwo 481; DF Marenghi]

Robertson v. Le Master (W. Va. 1983)

L - D railroad forced laborer to work 27 hours straight clearing a wreck and then allowed him to drive home despite extreme tiredness, and he crashed in to P. (AA, employer/employee) [A2 O'Toole; DF Cuppy]

Fuentes v. Consolidated Rail Corp. (S.D.N.Y. 1992)

L - D railroad's crew were running train through litter-strewn tracks and knew area frequented by homeless. D's crewman saw object ahead but did not radio engineer for emergency stop, train collided with stack of radiators that fell on and injured sleeping homeless P. (D's untaken precaution of failing to stop unburdensome. Risk reduction high b/c several worse foreseeable consequences.) [A2 Davis]

Betancourt v. Manhattan Ford Lincoln Mercury, Inc. (N.Y. App. Div. 1994)

L - D rented car to P and deceased husband with history of overheating problems ( twice reported by previous renters but D failed to fix leak in radiator). Ps were driving on icy, unlit highway at night when car overheated, P's husband pulled over onto narrow shoulder, got out to check and was struck by dogtailing rear wheels of tractor trailer, killing him. Court: P was forced by D's negligence into a foreseeably dangerous situtation. (Duty: AA of renting defective car, Breach: not fixing, Cause in fact, DCE, RFH) [A2 Hairston 790, Jackson 455]

Jasko v. F.W. Woolworth Co. (Colo. 1972)

L - D store operated a high traffic pizza counter off main aisle of store, selling thousands of pizza slices on wax paper to customers. Food mess on terrazzo floors was cleaned often by staff. P shopper slipped. Court: dangerous condition was created by store's method of sale (affirmative act) and D recognized danger (constant cleaning). Breach of duty: selling pizza under dangerous conditions. [DF Blyth (apparent vs. non-apparent risk)]

Chi Yun Ho v. Frye (Ind. App. 2007)

L - D surgeon failed to remove surgical sponge when closing incision in P's abdomen, which became infected and required additional surgery. D argued that he relied on a miscount of sponges by nurse. (res ipsa, D cannot avoid L by delegating task of sponge count to nurse)

In re People ex rel. von Schaick (Guardian Casualty Co.) (N.Y. 1938)

L - D taxicab company employed D taxi driver who was speeding, collided with D driver. Both drivers negligently not maintaining proper lookout. Taxi crashed hard into the stone steps of Ps' laundromat, dislodging stone and imbedding into steps. Police called P's deceased down to examine damage. 20mins later as tow truck was pulling cab out, and P standing at safe distance, another stone loosened by crash dislodged and fell on P killing her. (Duty: AA of speeding, breach: speeding and no lookout, NIT, RFH) [DF Palsgraf (causal chain less complicated because physical and not chemical)]

Ridley v. Grifall Trucking Co. (Cal. App. 1955)

L - D truck company's driver drove fully loaded truck into steel plant where P worked. D deliberately drove over large, jagged rocks and overly inflated, large tire blew out with a large explosion that threw a rock 50ft and injured P's leg. The tire was worn out and thread-bare, and operated with excessive air pressure. Court: Ds knew or reasonably should have known that conduct might lead to a blow out. (Duty: AA of driving on rocks, breach: not replacing tire and over-inflatingt, NIT, RFH) [A2 Bahan, Sharp v. LaBrec 719; DF Palsgraf, Evans 715]

Marshall v. Nugent (1st Cir. 1955)

L - D truck driver negligently cut a corner on an icy highway, forcing the non-negligent driver of an oncoming car (in which P was passenger) to crash into snow bank. D stopped and offered to help tow. P volunteered to go to top of hill and warn approaching cars. As P was walking up hill well to the side of road, approaching vehicle saw obstruction, took evasive action and skidded into P causing injury. (Duty & Breach: AA of cutting, RFH, DCE)

Village of Carterville v. Cook (Ill. 1889)

L - D village maintain 6 ft raised sidewalk that lacked railings. P (15-years-old) was walking non-negligently on sidewalk when another boy inadvertently though negligently jostled P and he fell sustaining injuries. (DCE) [A2 Elbert v. City of Sagniaw (subsequent negligenct acts were innocent)]

The T.J. Hooper (2d Cir. 1932)

L - D was owner of tug boats towing P's coal barges along NJ coast. D did not provide tug boat captains with radios to receive weather forecasts (not general custom at time). A storm kicked up and barges were lost. (even though not customary, reasonable care requires D to take this precuation. [A2 Southwestern T&T 511( industry standard insufficient), DF Cooley (SS:not custom, but there untaken precaution increased risk of harm)]

Heath v. Swift Wings, Inc. (N.C. App. 1979)

L - D who crashed small aircraft on which P's deceased was passenger was a civil aviation pilot of ordinary prudence, but possessed substandard training and experience. Court: pilots owe a higher standard of care due to responsibilities and specialist training. [DF Williams v. Hays (SS: captains, reasonable derangement vs. no excuse)]

Lugtu v. California Highway Patrol (Cal. 2001)

L - D's CHP officer directed speeding driver to stop in center median of freeway, and errant driver struck car, severely injuring Ps (all occupants including children). Court: D AA placed Ps in peril and increased risk of harm. [A2 Baxter (AAs increased risk to Ps); DF Davidson (misfeasance vs. nonfeasance)]

Lopez v. Southern California Rapid Transit District (Cal. 1985)

L - D's bus driver failed to call help to prevent P passenger from being criminally assaulted by a group of juveniles. Driver was notified of altercation but failed to take any precautionary measures. (common carrier / passenger)

Mukthar v. Latin American Security Service (Cal. App. 2006)

L - D's contracted armed security guard was absent from duty when P employee attacked by assailants. P pressed panic button to call D, but no assistance was provided. Court: K created special relationship [A2 Morgan (both Ds promised implied/express to protect/warn P); DF Riss (private security K vs. limited police resources)]

Wagner v. International Ry. (N.Y. 1921)

L - D's crowded train started moving from station up over a bridge and D's conductors did not close the doors. A jolt threw P's cousin from the train, which stopped and P got out an attempted to find his cousin in the dark. It was not clear where cousin fell, but P went up on the bridge, slipped and was injured. (Emergency that D created stripped P of his respsonisbility to act reasonably, DCE)

Cabral v. Ralphs Grocery Co. (Cal. 2011)

L - D's driver unlawfully parked big rig truck in dangerous place on dirt shoulder of freeway, and P's deceased fell asleep at the wheel and crashed his pickup into D's trailer. (Duty: AA of parking against regs in foreseeably dangerous location) [DF Richards (more AA b/c D actively parked in foreseeably risky area)]

Brower v. New York Central & H.R.R. (N.J.L. 1918)

L - D's freight train negligently struck P's wagon, killing horse, destroying wagon and scattering cargo of empty barrels and keg of cider. P's driver was in shock, and although D's railroad detectives guarded freight train cargo, annoymous thieves in crowd at the scene of the accident stole P's cargo. (EFR)

Home Office v. Dorset Yacht Co. (A.C. 1970)

L - D's guards were instructed to supervise 7 Borstal boys (i.e. juveniles with criminal records) at work camp next to harbor where two yachts were moored. The guards went to bed and the boys swam out to one of the yachts, got it underway and rammed into the P's yacht. (EFR, Borstal boys tortious / criminal conduct was reasonably foreseeable in the absence of supervision)

Johnson v. State (Cal. 1968)

L - D's juvenile parole board placed homicidal minor in foster home, and he attacked uninformed P, foster mother. [A2 Wlasiuk (D's AA increesed risk of harm to P); DF Davidson (P here collaborating with gov't here, also AA vs. nonfeasance)]

Tarasoff v. Regents of University of California (Cal. 1976)

L - D's psychiatrist failed to warn P's deceased of death threat made against her by a patient who had been briefly detained by police at request of D psychiatrist. Court: D's special relationship to patient established a duty of care to P (affirmative duties for benefit of 3rd party). Ds were aware of risk and negligently did not warn P.

Morgan v. County of Yuba (Cal. App. 1964)

L - D's sheriff arrested man based on P's deceased's complaint. D promised to warn P immedidately upon prisoner's release on bail because of death theat on P. No such warning was given, P's deceased was killed by prisoner. Court: D's promise led P to reasonably rely and refrain from securing other protection. [A2 Bloomberg, DeLong (reasonable reliance on D's promises; DF Yania, Zepeda (no duty to rescue w/o promise or undertaking)]

In The City of Lincoln (C.A. 1889)

L - D's steam ship collided with P's barque, resulting in loss of compass, charts and log. P's crew tried to navigate to safety with another compass but without log and chart could not dead reckon. They spotted what they thought was light ship, headed for it but ran aground, sinking ship. P's crew were severely incapacitated in their ability to safely navigate as a result of D's negligent collision. (NIT) [A2 Hastie, DF Sinram]

Kingston v. Chicago & N.W. Ry. (Wis. 1927)

L - D's train negligently emitted sparks that started fire. Another fire of unknown, but human origin converged with this fire, and the combined fire bore down upon and destroyed P's property, either would have been sufficient to destroy property. (concurrent sufficient causes, burden is on the D to show that his negligently-started fire was not the proximate cause of the damage)

Mullen v. St. John (N.Y. 1874)

L - D's unoccupied building was in disrepair. When P was walking on adjacent street 25ft from rear of building, a brick wall collapsed and injured P. (Buildings don't ordinarily fall on people without some act of negligence)

Dellwo v. Pearson (Minn. 1961)

L - D, 12-year-old motorboat driver, crossed P's fishing line, which broke rode and part of reel projected and injured P's eye. Court: D should have been held to adult standard of care because he was operating a potentially dangerous vehicle. Negates gloss from Purtle.

Hairston v. Alexander Tank & Equipment Co. (N.C. 1984)

L - D1 car dealer failed to tighten wheel lugs on P's new car and did not conduct customary inspection or test drive before delivering car to P. While P was driving on highway, rear wheel fell off, and P stopped. Good Samaritan parked 20ft behind car, turned on flashers and radioed for help. P was standing in between the cars when D2 truck negligently struck good Samaritan's vehicle and killed P. (DCE) [A2 Jackson 455; DF Sinram (innocent negligence vs. more blameworthy)]

O'Toole v. Carlsbad Shell Service Station (Cal. App. 1988)

L - Drunk driver went to D's gas station. D's employees knew she was drunk, made her drink coffee, gave her money to call s.o. to pick her up, encouraged her not to drive, but allowed her to buy gas and drive away, crashed killing P. [A2 Carmona (negligent entrustment, more extreme b/c higher and more foreseeable risk of harm)]

Ybarra v. Spangard (Cal. 1944)

L - Ds (surgeons, anesthesiologist, and nurses had custody over P) put P patient under general anesthetic for appendectomy, and he came to with sharp pain in his shoulder. The pain worsened, arm and should muscles atrophied and other doctors determined cause was traumatic injury. P had no previous pain or issues with arm. (Ds potentially part of a 'conspiracy of silence' i.e. they all knew who caused harm but tried to protect them by not talking) [DF Garcia, Novak (joint control vs. separate, sequential control)]

Montgomery v. National Trucking & Convoy Co. (S.C. 1938)

L - Ds jackknifed trucks on icy mountain road to save themselves (not a negligent act but still AA creating risk of harm), set warning flares but failed to set flares at top of hill and P's vehicle skidded on ice into truck. [A2 Richardson, Cabral (extends i.e. non-negligent act still AA); DF (SS: untaken precautions; but more AA)]

Richardson v. Ham (Cal. 1955)

L - Ds left large bulldozers on construction site atop mesa. Drunk teenagers were able to start one with a defective improvised lock, and unable to stop it, let it roll down mesa, across highway and into P's house causing major injuries and damages. (Duty & Breach: inadequately securing bulldozers, EFR, RFH) [A2 Weirum (EFR); DF Richards (bulldozer more dangerous and uncontrollable than car)]

Bigbee v. Pacific Telephone & Telegraph Co. (Cal. 1983)

L - Ds maintained a phone booth with a defective door next to a busy street. Drunk driver injured P caller as he tried to escape phone booth. (Extreme L case: AA created risk. Omission, nonfeasance of failing to grease door. Special relationship: invitor / invitee)

Philco Radio & Television Corp. v. J. Spurling, Ltd. (K.B. 1949)

L - Ds mistakenly delivered shipment of highly flammable celluloid scrap without warning indications to wrong address, P's electronics factory. P's employees started to unpack crates, when foreman realized it was celluloid and order employees not to smoke. P's typist jokingly applied lit cigarette to material causing explosion, fire damaging P's factory. (DCE)

Barber v. Chang (Cal. App. 2007)

L - Erratic and dangerous tenant who also did maintenance jobs in D's small apt complex brandished a shotgun and threatened P's partner and her mother, who informed D. D told her to file a police report before he could take any action. P was subsequently assaulted and shot by tenant. Court: D had reasonable and not burdensome duty to contact police. [A2 Delgado; DF Saelzeler (specific individual threatened vs. class of persons)]

Food Pageant, Inc. v. Consolidated Edison Co. (N.Y. 1981)

L - Lightnight strike caused NY blackout. P supermarket sued for food spoilage and lost business caused by D's gross negligence in allowing electrical blackout to occur. P alleged that D had inexperienced supervisor on duty who failed to "shed load", failed to man gas turbines, failed to properly maintain and inspect relays and circuit breakers, and unaccountably let whole system shut down. [DF HR Moch (privity of K here and gross negligence)]

Vaughan v. Menlove (C.P. 1837)

L - Mentally challenged (idiotic) D pilled up a dangerous hayrick (haystack) on the edge of property adjacent to P's cottages, despite P's warning of fire hazard. D constructed chimney in hayrick that may or may not have caused fire that destroyed P's property. Court: D grossly negligent and should be evaluated under reasonable person of ordinary prudence standard.

Reynolds v. Texas & Pacific Ry. (La. 1885)

L - Obese P and her family were at train station walking with other passengers to departing train, would probably not have fallen if D had lighted its station steps. Ds told passengers to hurry up.

Schwartz v. Helms Bakery Co. (Cal. 1967)

L - P (4) ran across busy street, nearly being hit by car, to D's food truck. P asked D to wait while he got money. D agreed, drove up and parked on opposite side of busy street from P's house. D failed to warn P, who ran across street and was stuck by car. (Duty: AA of parking) [A2 Weirum EFR]

Steinhauser v. Hertz Corp. (2d Cir. 1970)

L - P 14-year old girl with latent psychotic tendencies was car passenger on highway with family when D driver negligently struck them. Although no one was injured, the accident and emotional trauma triggered acute schizophrenia. (NIT, RFH) [A2 Vosburg, Hastie (egg shell P)]

McComas v. Al. G. Barnes Shows Co. (Cal. 1932)

L - P actress was set to ride on D's elephant for a movie shoot. During rehearsal, trainer attached howdah (saddle) with girths. Noise spooked elephant, which escaped and was re-captured and severely punished by trainer with bull-hook. 20 mins later P mounted elephant, which swayed, and howdah broke loose P falling and 150lb howdah crushed her. Court: howdah under exclusive control of D's trainer who failed to inspect following elephant's escape. [A2 Reinzi; DF Kohl]

Gillilan v. Portland Cremation Association (Ore. 1926)

L - P and 4-year old son were visiting mausoleum. While P was placing flowers, her son wandered off and pulled on one of the handles of an open marble shutter (300lb vault doors), which fell on P's son uninjured. P injured herself trying to lift the door off the boy. (accident would not ordinarily occur without negligence, because some failure in design, inspection, installation of shutter)

Summers v. Tice (Cal. 1948)

L - P and Ds were hunting quail. P had given Ds safety instructions. P went up hill so party were in V formation 75-yards apart. One D flushed bird, that flew low, 10ft, between P and other D. Both Ds shot simultaneously, and P was hit with bird shot in the eye and face. Boths Ds were using same grade bird shot. (burden of proof shifts to Ds to ascertain which shot caused harm)

Morris v. De La Torre (Cal. 2005)

L - P and friends were eating D's restaurant attacked by gang members, one went inside the restaurant, got a knife and then stabbed P. P and friends fled, and attacker caught up with P and stabbed him again. Incident lasted 7-8mins and D's employees did not call police, claiming phone did not work. Court: calling 911 minimally burdensome [DF Sharon P]

Reinzi v. Tilyou (N.Y. 1929)

L - P and wife participated in steeplechase horse ride at D's amusement park. Ps insisted to ride on same horse. P's wife's metal stirrup broke and Ps fell off horse and were injured. (D had a duty to frequently inspect stirrups) [Colclough (less dangerous, less duty to inspect)]

Delgado v. Trax Bar & Grill (Cal. 2005)

L - P and wife were in bar and P exchanged hostile stares with group of men. P's wife expressed concern to security guard, who recommended they leave. Guard on duty in parking lot was not present. P was jumped outside bar. Court: D had actual notice of impending assault. [DF Sharon P (AA, notice of danger, active secuirty vs. burden of providing security)]

Burdette v. Marks (Va. 1992)

L - P arrived on scene of car accident and saw assailant beating another driver. Assailant attacked P with shovel. P tried to protect his infant child while assailant attacked and seriously injured P. D police officer witnessed both attacks but did not assist P. Court: P voluntarily helping in police matter, so police had a reciprocal duty. [A2 Schuster; DF Riss, Davidson]

La Russa v. Four Points at Sheraton Hotel (N.J. Super. 2003)

L - P bartender at D's hotel slipped in pool of water near beer cooler, snow/water was tracked inside by D's delivery person. [DF Haynesworth (SS: slip on ice, misfeasance vs. nonfeasance, pre-existing danger])

Brosnahan v. Western Air Lines (8th Cir. 1989)

L - P boarded flight on D airline, and took his seat. Boarding process was conducted in a disorderly fashion. Passenger struggled to fit bag in overhead compartment, which fell and severly injured P. (Common carrier / passenger) [A2 Lopez (on vehicle); DF Gray (SS: airlines, vehicle vs. common area of airport)]

Glanzer v. Shepard (N.Y. 1922)

L - P bought beans and paid for them based on D public weighers sheets. D verified weight in writing to P and seller. P upon resale attempt, discovered that actual weight was less and sued D for difference overpaid. (seller had K with D, P did not have K with D therefore no privity of K) Court: getting proper weight to P was the end and aim of K. [DF Winterbottom (SS: no privity of K, misfeasance vs. nonfeasance, here end and aim was weight issued to P whereas safety of coach beneficial to coach driver was not end and aim of K)]

Ingham v. Luxor Cab Co. (Ct. App. 2001)

L - P diabetic and disabled passenger of D's taxi was told to get out after driver overshot destiniation. P pleaded and said she couldn't make it back up hill. She paid and exited, no other buses or taxis, she began walking but became exhausted and fell breaking hip. (NIT)

Robinson v. Post Office (C.A. 1974)

L - P carpenter slipped of D employer's negligently maintained ladder and scraped his shin. P went to doctor who administered anti-tetnus injection without first administering a proper test injection. P had a latent, but serious reaction to the tetnus shot, contracted encephalitis and suffered from brain damage. Although doctor failed to administer a proper test injection, P's reaction was so latent that the test would not have been efffective (i.e. no cause-in-fact and therefore NIT) [A2 Hastie 751]

Brasseaux v. Stand By Corp. (La. App. 1981)

L - P checked into D hotel and was attacked by bees in the shower. He slipped and injured his wrist. D knew about beehive near room and unsuccessfully tried to have it removed the day before incident. D failed to warn P of presence of bees. (inn-keeper / guest)

Keffe v. Milwaukee & St. Paul R. Co. (Minn. 1875)

L - P child was playing on railroad tracks when his leg was caught in turntable, injured and had leg amputated. The tracks were unfenced and close to P's home. (trespasser, attractive nuisance constituted trap) [DF Cleveland Electric (foreseeability of harm to trespassers)]

O'Brien v. Everfast, Inc. (Va. 1997)

L - P customer at D's fabric store was walking near a table when a 50lb bolt of fabric that had been leaning up against the table slid off and crushed her foot. It was against company's safety policy to lean multiple bolts of cloth on tables. Unclear whether salesperson or other customer was responsible for this oversight. (PP: salesperson was in exclusive control over bolt)

Ortega v. Kmart Corp. (Cal. 2001)

L - P customer at D's supermarket slipped on a puddle of milk adjacent to refrigerator. P testified that he did not know if milk was cold/warm, freash/odorous. Unclear how long milk had been on floor. D admitted that although employees were trained, and probably walked in aisle every 15-30mins, milk could have been there for 2 hours. [A2 Anjou 537]

Howe v. Seven Forty Two Co. (Cal. App. 2010)

L - P customer at IHOP sat down on counter stool, which immediately collapsed injuring P. The chair fell of its base because wooden screws attaching the two parts broke. D's emoloyees conducted regular visual inspection of the stools. No previous similar incidents had occurred. [A2 Rose v. Melody Lane (same case, but more suprising because it was not dark in the IHOP), DF Raimondi]

Sinn v. Farmer's Deposit Savings Bank (Pa. 1930)

L - P customer was waiting in line at D bank. Bank robber with dynamite slipped a note to teller demanding $ quietly. Bank did not warn customers, eventually security tried to disarm robber who detonated device killing himself, several others, and injuring P. [DF Davidson (SS: opporunity to warn, AA vs. nonfeasance)]

Portillo v. Aiassa (Cal. 1994)

L - P delivery guy was bitten by D liquor store owner's vicious dog on D's leased premises. Dog was regularly on premises; warning signs clearly posted. D landlord renewed lease and inspected premises just before attack. Court: D owed duty to inspect commercial property and remove or restrain tenant's dangerous animal.

Taylor v. Olsen (Ore. 1978)

L - P driver was injured when her car hit a fallen tree blocking a busy road adjacent to D's property. D was logging extensively on property including area adjacent to tree. Court: D had duty to inspect, would have disclosed hazardous condition. [DF Pulka (SS: harmful escape from property, opportunity to discover defect vs. control 3rd party)]

Franconia Associates v. Clark (Va. 1995)

L - P employee in pursuit of a robber ran and pushed open an automatic glass door that slammed rapidly on his foot and ruptured his Achilles' heel. Postal worker testified that he had noticed problems with door for more than two weeks. D's maintenance worker testified that he carried out repairs on door prior to the accident and check it twice a week. (Ds had constructive knowledge that door closed to fast) [DF Lyvere v. Ingles 512 (hidden vs. obvious defect)]

Lyttle v. Denny (Pa. 1908)

L - P guest at D's hotel was sleeping in room on foldaway bed. The 300lb backboard fell forward on P, striking his head. (even though D was not in exclusive control of instrumentality, D had duty to inspect safety of bed becuase foldaway beds are dangerous; high level of duty inn-keeper/guest)

Maher v. Voss (Del. Super. 1951)

L - P guest at Ds' house who greeted her and put her coat in what seemed like a closet. When leaving, P went to get her coat, opened "closet" door and fell down open, unlighted stairway to basement where Ds' had hung coats but did not warn Ps about hazard (trap) [A2 Lordi]

Hastie v. Handeland (Ct. App. 1969)

L - P had degenerative disc disease, but was unaware and only had occassional pain in shoulder. D negligently caused a fender bender with P, which aggravated his pre-existing condition. Doctors performed spinal surgery, and P died of septicemia. Infection was contracted while in hospital, and considered inherent risk. (If doctor was negligent DCE, if not NIT)

Higgins v. White Sox Baseball Club, Inc. (7th Cir. 1986)

L - P invitee at D's baseball stadium was injured on the way back to his seat from the restroom when concession stand's door flap fell from its open position and struck P on his head. (D was in exclusive control over instrumentality that caused injury, and direct evidence concerning cause of injury primarily within the knowledge and control of Ds)

Kesewaa v. Key Food Supermarket (N.Y. Sup. 2006)

L - P invitee at D's supermarket was getting frozen vegetables out of a freezer when wheeled shopping carts stored on top of the freezer fell on top of and injured her. (D exclusively controlled instrumentality, no customers could step up and access carts) [DF Colclough (there no breah of duty, i.e. shopping carts' wheels do not require inspection)]

Fox West Coast Agency Corp. v. Forsythe (9th Cir. 1942)

L - P obese moviegoer's seat collapsed underneath her weight, causing injury. Obesity was obvious to ticket vendor and ushers. Theater was too dark for P to ascertain strength of seat. Court: D owed a duty of care to seat her safely. [DF City of Boca Raton (invitee vs. licensee/trespasser)]

Mangan v. F. C. Pilgrim & Co. (Ill. App. 1975)

L - P old woman lived alone in apartment owned by D, infested with mice, and numerous tenant complaints showed and D made no effort to exterminate them. P opened oven, a mouse jumped out, she jumped back, fell and broke her him and subsequently died of the injury. Housing Code prohibited rodent infestation of dwelling units. (Also L under common law duty, statute was mainly designed to prevent disease, reasonable interpretation that safety issues might also have been considered by legistature)

Haasman v. Pacific Alaska Air Express (D. Alaska 1951)

L - P passenger on D's commerical aircraft disappeared without a trace on a flight from Alaksa to Seattle. No icing or storm conditions prevailed on route at time of accident. Co-pilot was not FAA-certified for mutli-engine aircraft. [A2 Nelson v. AA; DF Kohler]

Nelson v. American Airlines, Inc. (Cal. 1968)

L - P passenger on D's commerical aircraft was injured by being thrown around plane during a sudden maneuver. Plane's autopilot malfunctioned, plane nose dived and passengers were injured in the rear of plane where motion was violent. Aircraft log showed history of problems with the autopilot, including an incident of porpoising and two complaints. A component had been replaced as a safety precaution. (regular maintainence does not exclude possibility of negligent maintenance) [A2 Swisshotel, D'Anna 633]

Gee v. Metropolitan Ry. (Exch. Ch. 1873)

L - P passenger on underground train was moving in the car. He placed his hand and weight on small brass bar covering window on door, and the door immediately flew open. P fell out of the moving train and was injured. (would not normally occur without negligence, high risk of harm/death if window unexpectedly opened)

Mackey v. Allen (Ky. 1965)

L - P salon customer went to check on salon employee across street at D's clinic. Two doors on building were similar, P opened one that D should have locked and fell down unlit stairs into basement and was injured. Another person had previously fallen down stairs. [DF Ellimna v. Gombar (SS: tresspassers injured by property defect, but here P is more of an invitee because she came to tell s.o. to a invitee)]

Herrick v. Wixom (Mich. 1899)

L - P sneaked into D's circus without buying a ticket (trespasser), and took a seat in audience. Clown detonated firework that shot debris 30ft and struck P in the eye, injuring him (trespasser does not nullify D's duty of care to auidence members) [DF Elliman v. Gombar (expected invitees, vs. unannounced visit by trespasser)]

Salevan v. Wilmington Park, Inc. (Del. Super. Ct. 1950)

L - P struck in the back by a baseball while walking on street adjacent to stadium owned by D. 2-3 foul balls landed regularly on the street per game. [DF Bolton v. Stone (escape of foul balls foreseeable vs. rare cricket shot)]

MacPherson v. Buick Motor Co. (N.Y. 1916)

L - P sued D auto manufacturer, with whom P had no contract, after car's wooden wheel failed, collapsed and P was thrown from vehicle at speed, injuring him. Court: D aware of foreseeable danger, duty to inspect for latent defects (breach). Privity of contract not required. L not confined to immediate buyer, but persons or class of persons for whom use is intended.

Maecherlein v. Sealy Mattress Co. (Cal. App. 1956)

L - P sued D mattress manufacturer (no K). After approx. 1 year of use, P and husbands noticed soft spot and lumping in center for mattress. 5 years after purchase, spring penetrated through mattress stabbing P in her buttocks. P argued that she relied on warranty label on mattress and ads (express warranty) [Overrules Field, A2 Lyttle v. Denny (Res Ipsa bed case)]

Lavender v. Kurn (U.S. 1946)

L - P sued Ds railroad companies under Federal Employer's Liability Act (FELA) for death of railroad switchman, who opened switch for incoming train, failed to close the switch and was found dead near the switch with skull fracture caused by blow to back of head by small, round fast-moving object. P argued that deceased was killled by D1's train's protruding mail hook because he was on D2's mound of dirt near track. D theorized that P was murdered by hobo. Court: reasonable basis in the record for inference that P was struck by mailhook and therefore Ds both L.

American Motorcycle Association v. Superior Court (Gregos) (Cal. 1978)

L - P teenager with parents consent participated in novice motorcross race managed by Ds and was injured. P alleges Ds failed to give safety instructions, failed to segregate participants into classes of equivalent skill, and failed to limit number of entrants (D's untaken precautions all concurrent efficient causes). D argued that parental consent and their knowledge of P's skill level was negligence and proximate cause of injury (P's untaken precuation: not giving their consent, also concurrent efficient cause). Court: D is entitled to obtain partial indemnification from P's parents on a comparative fault basis.

Davis v. Consolidated Rail Corp. (7th Cir. 1986)

L - P train inspector had crawled undernearth car but did not hang flag to indicate inspection, D's crew ordered to move train cars, did not blow horn or ring bell, and P was caught and his legs severed. Court: D's burden of signaling with whistle or bell was minimal, costless and risk of injury was high since crew could not see end of train. [A2 Fuentes]

Anjou v. Boston Elevated Ry. (Mass. 1911)

L - P train passenger disembarked and while being led on narrow platform to another train, slipped on dirty, girtty banana peel in D's train station. (Untaken precaution: not cleaning platform effectively. Res Ipsa is presence of banana peel demonstrating breach of duty and cause in fact) [A2 Jasko 470, Stagl 261; DF Gordan 470]

De La Cruz v. Ock Wee Leong (N.Y. App. Div. 2005)

L - P truck driver crashed into vehicle in front of him. D truck driver was tailgating behind P, and therefore was unable to stop in time and rear-ended Ps vehicle. (Statute requires drivers to maintain safe distance, Rule: if tailgating then "any rear-end collision establishes a prima facie case of negligence") [DF Alarid (no justification or excuse)]

Jackson v. Ryder Truck Rental, Inc. (Cal. App. 1993)

L - P truck driver forced to pull-over because of electrical failure, and struck & killed by passing motorist when he got out of truck. D was contracted by P's employer to maintain truck fleet. Longstanding electrical problem not adequately repaired by D. (misfeasance) [DF Winterbottom (chronic problem vs. latent defect)]

Ehret v. Village of Scarsdale (N.Y. 1935)

L - P vagrant took shelter vacant house under construction owned by D. Both P and nightwatchman asphyxiated by gas leaked from a broken public gas main off property. P's deceased sued property owner and city (Ds). City built draining pipe encasing gas main that allowed gas to enter property. Court: although P was a tresspasser, D's encasing of gas main was a misfeasance, active negligence.

Fitch v. Adler (Ore. App. 1981)

L - P was a dinner guest a Ds' house, which was still under construction. She walked out at night onto a partially constructed deck without guardrails and fell. Court: deck constituted a trap, imposing affirmative duty to warn. [DF Baer (SS: Ps walked dark thresholds, common knowledge that doors lead to stairways and decks usually have guardrails)]

Rose v. Melody Lane of Wilshire (Cal. 1952)

L - P was a patron at D's bar, and before she had anything to drink, sat down on a bar stool that collaped and she fell. Failure was caused by progressive fatigue fracture in the pin holding the stool's legs to the seat, and that defect could not be detected. D's employees claimed to have regularly checked stools.

Rowland v. Christian (Cal. 1968)

L - P was a social guest at D's rented apartment. P cut his hand on a broken porcelain faucet. D was aware of broken faucet, which was not obvious (in light of PP), and did not warn P. Court: D was aware of danger of concealed condition and failed to warn P. (abolished distinctions between invitee, licensee, trespasser in CA, held that L depends primiarily on foreseeability)

Satcher v. James H. Drew Shows, Inc. (Ga. App. 1970)

L - P was at D's amusement park, and got into bumper car. Group of 15 mental patients on day-trip arrived with nurse supervisor, got in bumper cars and coverged on P, crashing into her at top speed from different angles. At end of ride, P needed assistance to get out of car and her neck was injured. (EFR) [A2 Weirum]

Hackman v. American Medical Response (Cal. App. 2004)

L - P was disoriented and speech-impaired following car accident. Ds, private paramedics, conducted a brief assessment and concluded no need for further care and departed when P declined treatment. P subsequently collapsed and was hospitalized. Court: paramedic / patient special relationship was established by undertaking [DF Zepeda, Miller v. Arnal Corp., Wanzer (SS: emergency assessment, actual treatment here)]

Martin v. Herzog (N.Y. 1920)

L - P was driving car at speed limit just after dusk, and drifted across center line (violation) when taking a curve. P suddenly crashed into D's buggy that was not equipped with running light (required by statute).

Williams v. Swissotel New York, Inc. (N.Y. App. Div. 1989)

L - P was injured when elevator at D's hotel suddenly plunged 9 stories and abruptly stopped, throwing him onto floor and against wall from which he sustained injuries. P's expert witness fled court, P requested time to find another witness, rejected by judge. [A2 Gee 661, D'Anna 633; DF Smith v. Caplan 655]

Connolly v. Nicollet Hotel (Minn. 1959)

L - P was leaving D's hotel at midnight and was hit in the face and eye with a mud-like substance that fell from hotel. The hotel was hosting a riotous convention (absolute bedlam) and sutained major property damage, but made no complaints about their behavior. (D hotel had an affirmative duty to take futher precautions i.e. call police to protect the public from foreseeable risks associated with disorderly convention) [DF Larson]

Marsalis v. LaSalle (La. App. 1957)

L - P was shopping in D's store, and was scratched by D's cat. D promised to keep cat inside until rabies test completed, negligently allowed cat to escape. P had to undergoe rabies treatment, was severly allergic and suffered injuries. Court: applied R2T rule about voluntary undertaking to care for or to afford relief or assistance to injured or distressed persons. [DF Van Houten (SS: cat attack, no undertaking)]

Byrne v. Boadle (Exch. 1863)

L - P was walking on a street adjacent to D's shop where workers were moving barrels of flour with ropes and a jigger-hoist. P was struck by a falling barrel, lost consciousness and had no recollection of the accident. No direct evidence of negligence, witnesses did not clearly see the accident occur. D argued that one of its customers could have caused accident. Court: the barrel could not have rolled out and fallen from D's shop without negligence.

Pouncey v. Ford Motor Co. (5th Cir. 1972)

L - P while adding antifreeze to car with hood open, was injured when a fan blade broke off and struck him in the fact. P sued D car manufacturer. P had expert witness who showed evidence that steel used to make blades was low quaility (high number of inclusions), an identifiable defect that was proxmiate cause of injury. D argued that bent fan blades caused by front-end collision or rough handling were cause of fracture. Court: low quality of steel was the proximate cause of fan blade's fracture.

Sorichetti v. City of New York (N.Y. 1985)

L - P wife divorced alcoholic and violent husband. Court issued protective orders against husband, but also granted visitation rights with P's daughter. Husband made death threats to P and daughter, which P reported to D's police. Husband stabbed and maimed daughter. Court: police knowledge and conduct led to P's reasonable expectation of protection, special relationship created by protective order.

Sharp v. LaBrec, Inc. (Ind. App. 1994)

L - P worked as a pipe-fitter for contractor dismantling and removing old heavy boiler from a school. Contractor subcontracted with D to furnish and operate crane to hoist boiler from basement. The crane was set up on soft ground, was not level, and boom was not properly centetred. P was properly placed in boileroom. Boiler was lifted and held steady for several mins. Suddenly the crane outrigger sunk, load shifted, and boiler bumped P injuring him. (D had exclusive control over the crane and boiler. A boiler held stationery for several mins by a crane does not ordinarily suddenly change position in absence of neligence) [A2 Sapp 699; DF Stoskin 652]

MacDougall v. Pennsylvania Power & Light Co. (Pa. 1933)

L - P worker was doing drain repair on roof of house on rainy day. D power company's electric pole's arm extended toward roof. Neutral wire to fuse box was wet therefore hot. P accidentally grazed his head on wire, was shocked and fell sustaining injuries. (Customary usage not a valid excuse when activity is inherently dangerous and high risk)

Goode v. Walt Disney World (Fla. App. 1987)

L - P's 4-year-old son got away from his parents and drowned in D's inadequately protected moat surrounding Cinderella's Castle. Court: fence surrounding the moat was unreasonably low. P was an invitee (business visitor), owed full duty of care.

Johnson v. Harris, (Ariz. App. 1975)

L - P's 7-year-old son drowned in D's backyard swimming pool. The fence surrounding pool was not built to municipal code specs, and gate's latch was not working consistently. There was inadequate supervision of pool on the day of drowning. P's deceased was found dead with sandwich poolside. Not clear whether he entered through open gate, climbed over fence, etc. (5 options 2/5 L) [A2 Paine v. Gamle Stores 566]

Biakanja v. Irving (Cal. 1958)

L - P's brother died, left property to P. D notary public botched formalities and P heir received far less than what she was legally entitled from his brother's estate. [A2 Glanzer (both Ps "end and aim" of transaction)]

Frances T. v. Village Green Owners Association (Cal. 1986)

L - P's condo was burglarized. P and other residents petitioned D (HOA) to upgrade lighting. After requests denied, P installed lighting herself but D made her turn off lights due to HOA regulations. P was subsequently robbed and raped. (AA of disarming P) [DF Donnell (on property vs. off property)]

Elbert v. City of Saginaw (Mich. 1961)

L - P's deceased 2-year-old son drowned in unguarded, water-filled trench dug by D city's contractor half-block from elementary school. Children had been playing near ditch and concerned woman warned city of risk. P ran off while mother was hanging up laundry, she immediately went after him, could not find him in neighbor's houses, found him dead in water. (DCE)

DeLong v. County of Erie (N.Y. 1983)

L - P's deceased called 911 reporting buglary and requested urgent help. D's dispatcher sent police to wrong address. After police could not find house, dispatcher "cleared the call" and took no further action. 8 mins later neighbor saw P collapse on sidewalk and called police, who arrived 1 min later. P died from stab wounds. (D's express promise caused P's reasonable reliance) [A2 Bloomberg (express promise & reliance); DF Zepeda, Riss, Wanzer (no promises)]

Zelenko v. Gimbel Bros. (N.Y. App. Div. 1935)

L - P's deceased collapsed on D's sales floor, and D isolated her, untreated, in infirmary. Court: D's undertaking isolated P from other assistance [A2 Bloomberg (both undertakings, D isolated P vs. P relied of D's promise); DF Miller v. Arnal (affirmative undertaking w/ isloation vs. no undertaking)]

Bloomberg v. Interinsurance Exchange (Cal. App. 1984)

L - P's deceased passenger in stallled car on side of highway, used callbox. D Auto Club promised to send emergency assistance. Tow truck never located the stalled car. 1 hour later car struck by a drunk driver, killing P. Court: Ps relyed on the promised assistance (express undertaking, DCE, RFH) [DF Belhumeur (more reliance here)]

Gardner v. National Bulk Carriers, Inc. (4th Cir. 1962)

L - P's deceased seaman fell overboard D's WWII-era oil tanker near FL Keys sometime between 6:30pm - 11:40pm on moonless night. Crew noticed he was missing at midnight. D's captain decided no reasonable possibility of success in finding him and continued on course. (Breach of duty was not attempting rescue, works under Hand analysis. But cause in fact analysis breaks down because the liklihood of rescue was so remote, P has to prove by 51% that untaken precaution would avoid the loss)

Gomez v. Superior Court (Walt Disney Co.) (Cal. 2005)

L - P's deceased tourist rode the Indiana Jones ride at Disneyland in violently shaking jeep-style vehicle, and suffered a brain injury leading to death. (common carrier / passenger) [DF Gray (degree of control over area)]

Schuster v. City of New York (N.Y. 1958)

L - P's deceased volunarily provided D's NYPD with information leading to the arrest of notorious criminal. P received death threats, reported to D who declined to provide P with any protection. 3 weeks later P was shot and killed. Court: duty to protect citizen cooperating with police. [DF Riss, Davidson (no police cooperation)]

Schulz v. Pennsylvania R.R. (U.S. 1956)

L - P's deceased was a dock worker at pier charged with handling tugboats. He was last seen on his way to change into work clothes and perform tasks on tugboats. He was found dead, half naked in the water 3 weeks later. It was nearly freezing, and boats were icy. The area was not adequately lit. The pier was undermanned. [A2 Reynolds 565]

Newing v. Cheatham (Cal. 1975)

L - P's deceased was a passenger on D amateur pilot's single-engine aircraft. The plane crash near Tijuana and the clocked was found to have stopped at the precise time when the plane would have run out of gas. P nor the other passenger were liscened pilots. (Running out of gas would not ordinarily occur without negligence) [DF single vs. divided control]

Pridham v. Cash & Carry Building Center (N.H. 1976)

L - P's deceased was buying paneling at D's building supply store. D's clerk pulled out a sheet of paneling and remaining sheets feel on P severely but not fatally injuring him. P was loaded into an ambulance, and the driver had a heart attack while driving, crashing into a tree resulting in P's death. Court: ambulance crash result of a normal effort of 3rd persons in rendering aid. (Duty: invitor/invitee or AA of stacking lumber, breach: pulling out sheet, NIT, RFH) [A2 Hastie v. Handeland]

Paine v. Gamble Stores, Inc. (Minn. 1938)

L - P's deceased's body was found "legs folded over head" at the bottom of stairs in D's open pit basement. The iron gate fencing off basement was missing its top rail. Police noticed accumulation of dust on stairs had not been disturbed. (Evidence indicates that P fell into pit head over heals, and cause in fact was missing railing) [DF Wolf v. Kaufmann (SS: uncertainty about cause in fact, most likely causes here cut off by fixing the railing which was the untaken precaution)]

Langridge v. Levy (Exch. 1837)

L - P's father purchased a defective gun from the D who fraudulently claimed that the gun was made by a famous gunsmith and was a "good, safe and secure gun." When P fired gun, it failed and blew up in P's hand, injuring him. (misfeasance, defective firearms are inherently dangerous and therefore harm was foreseeable)

O'Neill v. Montefiore Hospital (N.Y. Sup. Ct. 1960)

L - P's husband having heart attack refused care at the emergency room b/c of inadequate insurance. Doctor discussed P's symptoms over phone, and recommended that P go home. P protested but left, and died at home. Court: Doctor who undertakes to examine or treat a patient and then abandons him L for malpractice (doctor/patient relationship). [A2 Hackman (Ds made negligent prognosis); DF Hurley (no undertaking)]

Jackson v. Ray Kruse Construction Co. (Mo. 1986)

L - P, 4-year-old, was struck by young bicylist in the parking lot of D's apartment building. P was guest of tenant i.e. invitee to landlord. Evidence that neighborhood boys often rode bicyles fast down a hill and into parking lot. Untaken precaution: installing a speed bump. (Not convincing, what if boys used speed bump as jumping ramp?) [DF Radley 563 Radley v. Knepfly (probably vs. not likely to prevent harm)]

Palka v. Servicemaster Management Services Corp. (N.Y. 1994)

L - P, a hospital nurse, sued D maintenance contractor, which had undertaken to maintain hospital where a wall-mounted fan failed and fell on P, injuring her. Court: duty notwithstanding lack of privity of K. D should have known of foreseeability of harm to P (member of small class of beneficiaries) as a result of reasonable reliance by hospital on D's duties under K. [DF Eaves Brookes (SS: ongoing executory contracts, but property damages (less predictable risk) vs. personal injury (homogenous level of risk)]

Maddux v. Donaldson (Mich. 1961)

L - Ps driving on highway in rain with D following at reasonable distance and speed. Another driver skidded out-of-control colliding into P, and D subsequently crashed into P. Other driver insolvent. (remanded to determine seperability of injuries caused by successive impacts and reasonable allocation to D and other driver. If indivisible, D and other driver jointly liable. If reasonable means to apportion, damages on comparative fault basis)

McGonigal v. Gearhart Industries, Inc. (5th Cir. 1986)

L - Ps military trainers conducting hand grenade exercise were injured when grenade prematurely exploded. Ps sued D1 (fuse manufacturer) and D2 (grenade assmbler). D1 settled. D2 was under K with USG to inspect every fuse before asssembly, and did so with x-ray photography and redundant trained readers. It was shown that determining defectivness of fuse was reliably ascertained by x-ray. [A2 Nelson v. American Airlines 694]

Calkins v. Cox Estates (N.M. 1990)

L - Ps' deceased, a young boy, lived with grandparents (Ps) in apartment complex owned by D landlord. Ps' deceased was playing in apartment playground, and escaped through hole in deteriorated fence. He was killed by car on nearby road (invitee) [DF Brooks (SS: invitees, undertaking vs. pure nonfeasance. Here playground was inviting children to play near hazardous area)]

Asmelash v. Braga (Cal. App. 2003)

L - Teenage P and twin sister on way to school walked into crosswalk, looking both ways. D was driving 35 in 25mph speed limit, unjustifiably did not see P and sister, and ran over sister. P sued D for NIED, arguing negligence per se because D violated Vehicle Code re rights of pedestrians in crosswalks, i.e. drivers should yield right-of-way to pedestrians in crosswalks. Court: CA negligence per se. D breaches duty if (1) violates statute (2) violation is proximate cause of injury (3) injury results for occurrence that statute was designed to prevent. [DF Alarid (no justification or excuse)]

Carmona v. Padilla (N.Y. App. Div. 1957)

L -Boy (9) was dangerously playing with bow and arrow near P infant and social guest of family. Boy's father warned him and hid bow. D grandmother showed him where it was hidden, despite P's mothers objections. Boy fired arrow into P's eye. Court: AA, negligent entrustment.

Jewell v. Beckstine (Pa. App. 1978)

L for contributory negligence - P milk hauler (also a dairy farmer) arrived at Ds' dairy farm for pick up. D asked him to wait at end of milk parlor, and P slipped on mixture of manure and water on concrete stairs. P should have known that stairs could be slippery given his knowledge and experience, no excuse for not minding surroundings.

Baltimore & Ohio R.R. v. Goodman (U.S. 1927)

L for contributory negligence - P's deceased driving his truck was approaching railroad crossing and had no view of D's train approaching at 60mph, he slowed but did not stop and was stuck, killed by train. Court: P had a duty to "stop, look, and listen" when he is unsure if there is a dangerous train approaching, therefore P was liable for negligence as a matter of law.

Kerr v. Connecticut Co. (Conn. 1928)

L for contributory negligence - P's deceased, near deaf, was walking close to D's trolley tracks. D's driver saw that P was too close, warned him with gong and hit the brakes, but P did not move and was struck and killed. (reasonable deaf man would have taken precautions by not walking close to tracks)

Johnson v. Kosmos Portland Cement Co. (6th Cir. 1933)

L- D owned and operated barge docked on river. The barge had just been used to haul oil, and D failed to clean out hold so that dangerous gases would not form (against custom). D hired Ps' deceased independent contractors to do a welding job. While workers were on board, a thunderstrom came up, lightnight struck the barge, igniting gas that exploded killing everyone. Court: failure to remove gases created a continuous menace. Any number of foreseeable circumstances could have caused explosion.(Duty: AA of loading the ship with oil or invitor/invtee, Breach: not evacutating gases. NIT, RFH) [A2 Village of Carterville; DF Sugar Notch; Cunillera (LT-MSR)]

Martinez v. Lazaroff (P ran into father bringing in hot water)

N.Y. state law required landlords to supply hot water to their tenants. D landlord failed to supply P's family with hot water; the hot water heater had been OOC for over two weeks, which fact had been reported both to D landlord and city officials. P ran out of the bedroom in the apartment and collided with a pot of hot water that his father was carrying from the kitchen stove to the bathroom, due to the lack of a hot water heater. Appealed on a summary judgment motion by D. Analogous to Aguirre v. Adams.

Cuppy v. Bunch (S.D. 1974)

NL - D and friend got drunk on fishing trip and drove their separate cars back, D was driving recklessly and crashed in to P's car. Court: no duty to control 3rd person unless special relationship. [DF Ocotillo West (SS: enabling drunk drivers, less control over P in this case)]

A.C. ex rel. Cooper v. Bellingham School District (Wash. App. 2004)

NL - At off-site birthday party, D's teacher let piñata bat slip from her hands and it flew hitting P, a first-grade student, in the face causing injury. D's teacher had taken all reasonable safety precautions in planning and during party. However, she specifically warned children to firmly grip handle, and she owned the bat and had extensive piñata experience. (momentary mistake i.e. inadvertent negligence)

City of Boca Raton v. Mattef (Fla. 1956)

NL - Before K to paint D city's water tower, P's deceased (bare licensee / trespasser) climbed D's tower to begin job without approval. A steel ladder rung broke and P's deceased fell do his death. Court: P was a bare licensee, had not reached status of invitee because no K. D had no knowledge of danger.

Ultramares Corp. v. Touche (N.Y. 1931)

NL - Business hired D accountant to prepare and certify an end-of-year balance sheet. D knew that business was heavily indebted and would use balance sheet in financial dealings. In reliance on D's audit, P made loans to business, which was discovered to be insolvent. D failed to discover that business' books were falsified (finding a duty would expose accountants to indeterminate liability, adverse selection) [DF Glanzer (SS: erroneous certification relied upon in a financial transaction i.e. a misfeasance, but here D did not know the precise "end and aim")]

Hosein v. Checker Taxi Co. (Ill. App. 1981)

NL - D cab company failed to install protective partition in P's deceased cab, and two robbers shot and killed P's deceased. (employer / employee relationship did not create duty, nonfeasance)

Williams v. Hays, (N.Y. 1899)

NL - D captain of cargo S/V reasonably became exhausted and deranged after 48hrs at helm in storm, after refusing offers to tow (untaken precaution), then rested and took quinine, ship ran aground. P ship owners sued for negligence, D claimed insanity as defense. Court: D exercised reasonable care until it was impossible given his condition.

Coste v. Riverside Motors, Inc. (Conn. App. 1991)

NL - D car dealer refused to allow P mechanic to leave work early b/c approaching snowstorm. D required P to stay and finish assigned duties. P left at 5:30pm and crashed into P. [DF Robertson (finishing duties vs. misfeasance of forcing 27 hr shift)]

Wiener v. Southcoast Childcare Centers, Inc. (Cal. 2004)

NL - D childcare center's playground next to street was surrounded by weak 4ft high chain link fence. A homicidal maniac intentionally crashed his car through fence killing P's 2 children and injurying others. There was prior incident in which a runaway mail truck crashed through the fence, but nobody was injured. (IIT, violent criminal assaults not sufficiently foreseeable to impose a duty on D) [A2 Ann M , Donehue; DF Robinson]

City of Piqua v. Morris (Ohio 1918)

NL - D city operated hydraulic dam with series of ponds to collect surplus water, one adjacent to P's farm. D failed to clean off grates covering openings from embankment, which burst and flooded P's farm during exteme rainfall. Court: vis major of extraordrinary rainfall was cause in fact of the flooding, which would have happened regardless of untaken precautions. [DF Krincich (potential success of untaken precuation)]

New York Central R.R. v. Grimstad (2d Cir. 1920)

NL - D did not equip barge with lifesaving floatation device. P's deceased, unable to swin, fell overboard. His wife saw him struggling, went below to get a line, but he had dissappeared when she returned. P was not in a position to be saved for very long.

Alarid v. Vanier (Cal. 1958)

NL - D driving 20mph approached intersection, tried to brake 200ft from stopped cars, but brakes completely failed and D rear-ended P. The car was <10 yrs old, maintained, and D had been driving and successfully using brakes earlier in the day Court: negligence per se from violation Vehicle Code rebuttable by evidence of valid excuse. D exercised reasonable care in maintaining car. [A2 A.C. ex rel. Cooper (inadvertent negligence after all reasonable precautions); DF Martin (no excuse there)]

Bansasine v. Bodell (Utah App. 1996)

NL - D driving on highway with P's deceased father was being tailgated. D let aggressive driver pass, then recklessly tailgated and flashed high beams at driver, who brandished pistol and fired shots that killed P's deceased. (IIT) [DF Richardson v. Ham]

Bryant v. Glastetter (Cal. App. 1995)

NL - D drunk driver was pulled over by CHP and arrested for DUI. CHP called P's deceased tow truck driver to tow D's car. While he was worked on shoulder of highway, another driver struck and killed him. (Duty & Breach: AA of driving drunk, DCE, LT-MSR because tow truck driver would have been on the job and exposed to same risk regardless of D's sobriety) [A2 Sugar Notch; Cunillera, Richards v. Stanley; DF Betancourt]

Romero v. National Rifle Association (D.C. Cir. 1984)

NL - D employee at NRA building in DC kept unregistered pistol locked in his office. Thieves burglarized office and stole D's pistol, using it 4 days later to shoot and kill victim in robbery. Court: D keeping gun at office was not negligent per se according to DC Firearms Act because purpose of statute not to prevent harm from stolen guns.

Yania v. Bigan (Pa. 1959)

NL - D enticed and inveigled P's deceased to jump into a water-filled ditch, P did so, and D failed to rescue him as he drowned. Court: words of encouragement and enticement not sufficient to create a duty of care to rescue P. (Assumption of the risk) [DF Weirum (voluntary encounter of risk vs. EFR)]

Bolsenbroek v. Tully & DiNapoli, Inc. (N.Y. 1961)

NL - D excavated street ditch to install utility conduits, and placed lighted smudge pots along side of ditch as warning to traffic. Children had been and were playing in excavation (D's watchman was not on duty). Boy ignited oily rag on smudge pot flame, and another boy removed burning rag with stick, twirling it, flaming rag flew off into P boy's face injuring him. (IIT not EFR b/c boy's acts beyond reasonable expectations, and not a scarce opporunity) [A2 Donehue v. Duvall 705 (same case), Brewster v. Rankins 503; DF Hughes, Elgin, Richardson (D not supervising and FRs caused foreseeable harm)]

Doughty v. Turner Manufacturing Co. (Q.B. 1964)

NL - D factory maintained vat filled with superheated molten cyanide. Employee knocked asbestos/cement cover into vat, but they did not think it was dangerous. 1-2mins later molten liquid errupted from vat injuring bystanders including P. The cover material had a chemical reaction with the molten liquid that created steam and caused explosion. (Duty: employer/employee, breach: allow cover to slip into vat, NIT, SDK) [A2 Wagon Mound; DF Barker, Ridley (unknown chemical vs. pneumatic explosion)]

Blyth v. Birmingham Waterworks Co. (Exch. 1856)

NL - D failed to clean ice off fire plug (wooden fire hydrant) during a unusually severe winter, pipes froze and burst, flooding P's property. Untaken precaution: not removing the wooden plugs to clear ice that would have prevented bursting. Court: D reasonably ignornant b/c new technology and lack of awareness of proper precautions necessary in rare extreme weather. [DF Vaughan v. Menlove (here a reasonably person in D's position would not have realized the risk)]

Haskins v. Grybko (Mass. 1938)

NL - D farmer and landowner was out hunting woodchucks that were destroying his squash crop, when he accidentally shot P's deceased and discovered the body the next morning. Court: P was a trespasser so D NL for mere negligence (not intentional injury from willful, wanton and reckless conduct)

Wawanesa Mutual Insurance Co. v. Matlock (Cal. App. 1997)

NL - D gas station clerk sold cigarettes to underaged 17-year-old (in violation of statute). Boy was hanging out with other boys in a warehouse filled with stacks of telephone poles. One boy accidentally pushed another, whose lit cigarette fell between poles and on to bed of sand. He tried to extinguish it by spitting, but was unsuccsesssful. 20 mins later fire started damages poles and warehouse. (OSR - illegal sale of tobacco unrelated to fire supression)

Lyvere v. Ingles Markets, Inc. (N.C. App. 1978)

NL - D grocery store failed to move rug near exit of store that was blowing around in strong winds. P and check-out lady noticed child struggling therefore existence of danger. P tried to exit and carpet blew and took out her legs, P fell and was injured. (no duty b/c P noticed obvious defect, contributory negligence)

Stacy v. Knickerbocker Ice Co. (Wis. 1893)

NL - D hired P's horses to cut ice on frozen lake. While attempting to hitch horse to scraper, horses spooked and galloped off through snow onto thin ice, broke through and drowned. P argued untaken precautions were failing to erect a fence at edge of thin ice and failing to have ropes availble to rescue horses. Court: unlikely that untaken precautions would have prevented harm.

Rose v. Morris (Ga. App. 1958)

NL - D hooked golf ball and neglected to shout 'fore', and ball struck P at different hole 125 yards away at 17 degree angle from D's position. (P assumed risk by playing golf at the club)

Pitre v. Employers Liability Assurance Corp. (La. App. 1970)

NL - D insurer of fair that operated ball toss. Player while winding up struck P's deceased child in temple, killing him. Fair did not separate area where players were throwing and spectators. (probability of harm low, not foreseeable enough to justify roping off throwers or more stringent monitoring of the area. D's expert witness said never seen carnival rope off throwers)

Aguirre v. Adams (Kan. App. 1991)

NL - D landlord did not fix hot water in P's bathroom despite repeated complaints and in violation of building code. P infant's mother had to carry in buckets of boiling water from kitchen to bathroom to bathe P. While doing so, mother left P in front of TV. After 2nd bucket load was put in bath and mother went back for last one, P jumped into boiling bath and suffered severe burns. (Hot water WAS in tub, negligent supervision. Causality is too attenuated to be legally cognizable) [A2 Lua, Selger; DF Mangan]

Pittsburg Reduction Co. v. Horton (Ark. 1908)

NL - D mining company employed D general foreman who discarded tin box of dynamite caps on path regularly used by school children. 10-year-old boy picked up box, took it home for a week and played with caps in presence of parents who denied knowing nature of items but father worked in mining and mother picked up and put away caps several times. Boy traded caps to P's 13-year-old son who tried to pick dirt out of a cap when it exploded, severely injuring hand that was amputated. (NCP)

Milligan v. Country Line Liquors (Ark. 1986)

NL - D negligently sold a minor a six-pack of beer in violation of statute. The minor got in his car, and lost control of the car while attempting to open one of the bottles, colliding in to P's deceased car. (OSR, LT-MSR) [A2 Cunillera, Mahone; DF Osborne, DeHaen]

Pulka v. Edelman (N.Y. 1976)

NL - D operated city parking garage from which motorist exited and struck P, a pedestrian walking on the sidewalk. D omitted precaution of installing safety mirrors. (nonfeasance) [FLIP Weirum: cash prize for 1st driver to exit garage]

Amica Mutual Insurance Co. v. Town of Vestal (N.Y. App. Div. 1993)

NL - D power company left tree branches untrimmed which blew down onto power lines during a storm. The powerlines fell onto a metal speed limit sign that conducted electricity into ground and arced onto a natural gas main, puncturing it. Gas escaped through hole, collected in house 50ft away and eventually exploded destroying house. (CTC transformation of energy) [A2 Palsgraf]

Belhumeur v. Zilm (N.H. 2008)

NL - D promised to remove wild bees that had nested on his property but failed and P neighbor was attacked. D did solicit bids from contractors to cut down the tree. Court: soliciting bids not enough of an affirmative undertaking to create a duty. [DF Marsalis (SS: animal attacks and D promised, but here P did not detrimentally rely on D's promise); A2 Haynesworth (nonfeasances)]

Walt Disney Productions v. Shannon (Ga. 1981)

NL - D's Mickey Mouse Club TV show encouraged viewers to attempt dangerous sound effects stunt involving shaking BBs in inflated balloon. In recreating stunt, P (11) put out his eye. Court: speech was protected b/c it did not create a "clear and present danger" [DF Weirum (risk of harm less foreseeable)]

Ellis v. Louisville & Nashville Ry. (Ky. App. 1952)

NL - D railroad employed P to maintain sanding apparatuses on train, frequently exposing P to inhalation of dust. D failed to provide P with protective mask that many years later would have prevented silicosis. Trade custom was not to provide such masks. [DF TJ Hooper (SS: Ds failed to provide tool to P to prevent risk, which was uncustomary, here there was no knowledge of occupational risk)]

DiCaprio v. New York Central R.R. (N.Y. 1921)

NL - D railroad neglected to fence off tracks, as required by statute to prevent livestock from being stucked by trains. P farmer previously received compensation after train hit cow. P's 2-year-old son momentarily escape, wandered on to tracks and was struck and killed by train. (OSR - legislative intent was to prevent livestock from being hit by trains, not children) [Tingle v. Chicago 542]

Garcia v. Paramount Citrus Association (Cal. App. 2008)

NL - D ranch owner failed to post sign on his private road that intersection with public road was near by, and trespasser on this road collided with P workers traveling on public road. Court: no duty arising from nonpermissive, negligent use of properpty by trespassing 3rd party. Harm was not foreseeable, and burden of precaution would be great on farming community. [A2 Pulka (3rd party driver exiting D's property)]

Cornell v. Aquamarine (Ohio App. 1983)

NL - D resort hotel allowed P, a guest, to play racketball with improper shoes and she fell and broke her leg. Court: insufficient evidence that D actually knew that P was wearing improper shoes. [DF Brasseaux (SS: inn-keeper / guest, P brought risk with her vs. dangerous defect on property), Fox West Coast (SS: failure to warn, both Ps bringing risk to land, but in Fox Ds knew of the risk)]

Stiver v. Good & Fair Carting & Moving Inc. (N.Y. 2007)

NL - D safety inspection station failed to notice defect in car it certified for state-mandated vehicle inspection, and later this car had a massive drivetrain failure causing the car to stall on highway. P rear-ended the stalled car and was injured. Court: breach of K obligation not sufficient to impose L for injuries to noncontracting 3rd parties. Policy: court unwilling to require D to insure against indeterminate risks (adverse selection)

Brewster v. Rankins (Ind. App. 1992)

NL - D school and teacher entrusted 9 year old with golf club, providing safety instruction, and allowed child to take club home, who accidently struck P's child in the head while practicing a swing. [DF Carmona (more willfull negligent entrustment)]

Widlowski v. Durkee Foods (Ill. App. 1990)

NL - D spice manufacturer's employee entered to clean industrial tank filled with nitrogen gas, failing to wear protective gear or purge tank. He was overcome by gas, oxygen deprivation, and became restless, incoherent and delerious. At hospital in state of delerium, he bit off portion of P nurse's finger. (Duty: employer L for negligent acts of employee within scope of employment, breach: allowing entry into tank w/o gear or purge, CTC, IIT, respondeat superior weakened because employee outside control of D) [A2 Davidson; DF Pridham, Robinson]

Houserman v. Garrett (Ala. 2004)

NL - D surgeon conducting delicate abdominal microsurgery failed to remove sponge before closing P's surgical incision. Ds performed visual check, sponge count, but manual check was ineffective due to delicacy of procedure. [DF Chi Yun Ho v. Frye (procedure extremely delicate which prevented thorough manual check)]

Ornelas v. Randolph (Cal. 1993)

NL - P child tresspassed with group of kids on to D's farm, and was playing near old farm equipment. Another child was playing on old machine when a metal pipe dislodged, and fell on P. Court: no L b/c CA's recreational use statute.

Seith v. Commonwealth Electric Co. (Ill. 1909)

NL - D utility ran powerlines over busy street without guard wires or device to prevent wires from falling. Two live wires with worn out insulation broke, fell to the ground and were exposed, threads loose and hot. P unwittingly was leaving an apartment building as a police officer used club to flip up wire in P's direction, who instinctively caught the wire and was severely injured. (IIT) [A2 Synder, DF Philco (SS: intervening intentional act, highly dangerous and commonly understood risks vs. playful ingorance) Herman v. Markham Air Rifle (blameworthiness of intervening actor)]

Blaak v. Davidson (Wash. 1975)

NL - D was driving gas truck on highway when dust storm suddenly kicked up and completely obscured his visibility, he slowed to <10mph but crashed into P's car at 2-3mph. (D had justification for driving at slow speed rather than stopping because he was carrying hazardous cargo (gas) and did not want to get rear-ended)

Evans v. Heard (Ga. 1994)

NL - D was driving his truck and pulling his son's trailer. The wheel fell off trailer's axle an P driver collided with it. (D did not have exclusive control) [DF Siegler v. Kuhlman (in that case D owned the gas truck and employed it driver)]

Ballew v. Aiello (Mo. App. 1967)

NL - D was sleeping passenger in car. Driver pulled car onto shoulder to avoid oncoming car in middle of road. D roused from sleep, grabbed steering wheel causing car to crash into P. Court: half asleep and reacted instinctively and instantaneously to situation, therefore act was involuntary (stretch) similar to fainting spell.

Allen v. Slim Pickens Enterprises (Wyo. 1989)

NL - D western movie star extended open invitation to P cowboy singer on his RV honeymoon to D's cabin. While looking for key, P slipped on long grass and severely injured his eye. Court: Even if P was invitee, no liability because obvious danger. [DF Lordi (there AA)]

Wise v. Superior Court (Cal. App. 1990)

NL - D wife, without warning neighbors, deserted her dangerous husband (drug abuse, mental illness, wild animals and arsenal of firearms). Husband mounted a sniper attack on highway from their home's rooftop, severely injuring motorists including Ps. (nonfeasance) [A2 Hansa; DF Tarasoff (SS: special relationship psychiatrist:killer::D:killer, but wife not professional predictor of violence)]

Buchanan v. Rose (Tex. 1942)

NL - D with a nonoverloaded truck broke a bridge on rural road, creating hazard. A motorist caught up with driver and told him what he had done. D refused to return and put up a warning sign. 6 days later Ps drove into the defect and were injured. [DF Montgomery (normal use vs. jackknifing, gov't responsible for bridge maintenance)]

Gilmore v. Shell Oil Co. (Ala. 1993)

NL - D's employee inadvertently left gun behind counter of gas station.Next day employee on shift's friend P visited the station. While employee was sweeping, P went behind counter, found gun and shot himself in the head. No indication of suicidal tendancies. (supervening cause) [DF O'Toole (less foreseeable harm)]

Alexander v. Allen (Fla. App. 1989)

NL - D's friends, including P, were socializing when 2 armed men appeared on porch, forced everyone inside and told everyone to be quiet, D started screaming and gunmen opened fire shooting and severely injuring P. Court: no AA b/c involuntary, caused by fear and panic. [A2 Laidlaw; DF Weirum]

Kohl v. Disneyland, Inc. (Cal. App. 1962)

NL - D's horse pulling surrey (stage coach) spooked, ran away dragging the surrey and P invitee passengers with it. Wheel hit a curb, tipped over injuring Ps. D's drivers were tested before hiring, and horses selected for their manageability. Driver did not know what caused horse to spook, perhaps presence of ladder and man working on gaslight, but no similar priors. (D excerised due care and unforeseeable accident was not due to their negligence) [A2 Smith v. Caplan; DF Reinzi]

The Kathryn B. Guinan (2d Cir. 1910)

NL - D's scow (sailing barge) was moored bow in to pier adjacent and tied to P's scow. D's scow's captain was sleeping but no night watchperson was abroad, and suddenly sank early in the morning, taking P's scow with her. Court: untaken precaution was not customary (costly). [DF Carroll (burden of untaken precaution about the same, risk reduction less here b/c captain on board and freak accident)]

Tingle v. Chicago, B. & Q. Ry. (Iowa 1882)

NL - D's train engineer ran over P's cow on a Sunday, a day when state statute prohibited the running of trains. (violation of statute not proximate cause of collision, cow could have been there any day) [DF Martin v. Herzog (safety statute vs. "blue law" i.e. not to prevent harm to cows but to encourage people to go to church)]

Shipman v. Boething Treeland Farms, Inc. (Cal. App. 2000)

NL - D's tree farm employee was driving station wagon on property's dirt road to collect belongings after eye injury, when he crashed into P trespassing ATV driver. (NL b/c CA recreational use statute) [Extends Ornelas (statute includes active negligence of D's employee driver)]

Dunn v. Teti (Pa. App. 1979)

NL - D, 6-year-old, carelessly swung stick injuring P, also 6 years old. Court: Held for D, applying categorical gloss for minors of different ages: 0-7 no liability, 7-14 presumed no liability but maybe as minor approaches 14, 14-18 capable of negligence. (More generous rule for children vs. intentional tortL)

Harper v. Herman (Minn. 1993)

NL - D, an experienced boatman, took guests on a pleasure cruise on lake. He anchored the boat knowingly in shallow water but where bottom was not visible. P guest dove overboard without talking to D, broken his neck. (not common carrier) [DF Baxter (opportunity for victim precaution, more foreseeable harm)]

Acosta v. Fuentes (N.Y. Super. 1991)

NL - D-restaurant's waiters carried choking P's deceased customer outside onto sidewalk, called 911, bystanders tried to help, and ambulance arrived 30mins later. P died 2 weeks later in hospital. Court: Ds' removal of P did not worsen condition (no AA) [DF Zelenko (no isolation from assistance)]

Novak Heating & Air Conditioning v. Carrier Corp. (Iowa 2001)

NL - D1 (Carrier) manufacturer shipped air conditioning unit wrapped in shrink-wrap and packed between wooden pallets to P via D2 (Yellow Freight) common carrier, and it arrived damaged at P's store. D2 did not inspect or unpack unit while in possession. P sued Ds in small claims for cost of repairs. Unlikely that both Ds dropped the unit. (Without proof that D1 and D2 were negligent, burden on P to prove who caused damage) [A2 Garcia same case]

Selger v. Steven Brothers (Cal. App. 1990)

NL - Dog feces often accumulated on sidewalk outside D's store, whose employees customarily swept the sidewalk in the mornings. D failed to clean sidewalk one morning (violated municpal code), and P slipped on feces and injured. (D owed duty only to city, not to pedestrians. Although nonfeasance, duty imposed by statute, but not to P's class of persons; OSR)

Menu v. Minor (Colo. App. 1987)

NL - Driver involved in accident abandoned vehicle blocking lane on highway and was picked up by D's cab driver. P crashed into abandoned car, and sued D for failing to notify authorities of crash hazard. [DF Carbal, Montgomery (nonfeasance vs. misfeasances)]

Nevarez v. Thriftimart, Inc. (Cal. App. 1970)

NL - Driver struck and killed P's 3-year-old child who was running across street from house to amusement park that D grocery store set up in parking lot. (Untaken precaution: not holding fair, too burdensome) [DF Schwartz v. Helms Bakery (whole class of children neighbors vs. specific AA and specific child)]

Madden v. Ceglio (N.Y. Sup. Ct. 2007)

NL - Ds high school students were playing piggback on wet city sidewalk and fell against store front window crashing through it. Police arrived with P store employee, 30-45 mins later the P was staning 3-4 ft from broken window when a large shard of glass fell on her arm injuring her. Court: subsequent injury too remote or attenuated from any foreseeable risks created by Ds' piggyback ride. (NIT, CHC) [DF In re People]

Adams v. Bullock (N.Y. 1919)

NL - P child was swinging wire on pedestrian bridge over street and D's trolley tracks. P's wire contacted D's trolley wires, and P was injured (untaken precaution of somehow protecting wires was high and unfeasible and risk of harm was low because freak accident) [DF Davis v. Consolidated Rail Corp. (burden of untaken precaution higher)]

Hansra v. Superior Court (Magana) (Cal. App. 1992)

NL - Ds inlaws of Ps' deceased, disliked her and disapproved of their marriage. Ds isolated Ps' deceased, destablilized violent and mentally ill husband, prompting him to murder Ps' deceased. [A2 Wise (Ds conduct not AA that created the risk (but here provocative conduct); DF Tarasoff (family not as special as doctor / patient, family not pro predictors of violence, more oppprtunity for victim precaution)]

Richards v. Stanley (Cal. 1954)

NL - Ds left car unattended, unlocked on street with key in ignition (violation of municipal code), which was stolen by a car thief who crashed car into P motorcylist. Court: although D's AA increased the risk of theft, not foreseeable that thief would be incompetent or reckless driver. (IIT, OSR - purpose of statute not to prevent car accidents) [A2 Selger (nonfeasances, statutes did not create duty to Ps)]

Cullen v. Ramberg (Cal. App. 2012)

NL - Ds surgeons performed posterior cervical fusion on P who was intubated with a tracheal tube by D anesthesiologist. When P came to, his throat was sore and his voice was hoarse, difficulty swallowing and breathing. 2nd opinion that he had vocal cord paralysis, but symptoms worse than anatomical findings. Ds presented undisputed evidence conclusively establishing that surgery not cause of injury. [DF Ybarra 704 (SS: Ps injured while under GA, here Ds provided sufficient evidence to exculpate themselves)]

Wims v. Chevron U.S.A., Inc. (Cal. App. 2002)

NL - Ds were transporting large Styrofoam billets short distance on highway, which they secured with rope. Styrofoam broke off from one of the billets and shattered in to pieces as it hit pavement. Ds stopped to collect pieces. P hit a piece with his car, and it jammed under the car. Ds removed the piece lodged under vehicle. [DF Kesewaa (falling shopping carts more dangerous than Styrofoam)]

Cleveland Electric Illuminating Co. v. Van Benshoten (Ohio 1929)

NL - Ds' employees were laying an underground conduit on D's property. Employees set up a makeshift outhouse over a manhole leading to a sewer. P tried to use the outhouse, lit a cigarette that ignited sewer gas, causing explosion and injury. (Trespasser, not foreseeable that he would light a flame in the outhouse)

Strauss v. Belle Realty Co. (N.Y. 1985)

NL - During NY Blackout, P's water supply was shutoff and fell down stairs on way to basement to get water. Lighting was provided in staircase under contract between D landlord and D utility. (no privity of K and no reckless or wanton negligence) [DF Food Pageant]

H. R. Moch Co. v. Rensselaer Water Co. (N.Y. 1928)

NL - Fire started in a building in spread to P's adjacent warehouse. Efforts to extinguish fire failed due to inadequate water pressure at hydrant. P sued D water utility (under K with city) for negligently failing to maintain water pressure during fire fight (D was notified). Court: failure to maintain pressure was a nonfeasance and allowing duty would create unlimited L during a major fire (correlated losses) D not able to insure against value of goods in warehouse (adverse selection) [DF Glanzer misfeasance vs. nonfeasance]

Gomes v. Commercial Union Insurance Co. (Conn. 2001)

NL - Guests at D's hotel informed desk clerk about potential burglary of next door P's gas station, and although clerk promised to call 911 and assured guest that P had an alarm system, clerk did nothing even after other guests warned of fire that destroyed P's gas station. (no special relationship or undertaking) [DF Bloomberg (no promise); Zelenka (no prevention of 3rd party assistance)]

Lynch v. Rosenthal (Kan. App. 1965)

NL - Mentally challenged (retarded) P was helping D operate a mechanical corn-picker. D instructed P to walk in between the picker and following wagon and to pick up any discarded husks. D knew it was dangerous for P to get close to picker, but failed to clearly warn him. P's arm was caught in picker and injured. (P contributorily neglient)

Lilpan Food Corp. v. Consolidated Edison (N.Y. Super. 1985)

NL - NY Blackout knocked out street lights and P's supermarket was vandalized as a result. P sued D utiltiy for negligently failing to prevent blackout. Court: no privity of K. Street lights were for whole public not just supermarket. [A2 Strauss; DF Food Pageant]

Kohler v. Aspen Airways (Cal. App. 1985)

NL - On flight over Lake Tahoe, D's commercial aircraft dropped 500 feet in two seconds due to unexpected clear air turbulence, and P passenger sustained neck injuries. Weather forecast was clear with moderate turbulence. Pilot kept seat belt light on during entire flight as precautionary measure. P was wearing her seatbelt. (turbulence encoutered was unpredictable and unavoidable i.e. ordinarily occurs without negligence) [DF Swissotel]

Alexander v. Town of New Castle (1888)

NL - P (appointed special constable) arrested a street gambler, who pushed P into unfenced pit next to sidewalk and escaped. P sued city for negligently maintaining the unfenced excavation next to the sidewalk. (Criminal was independent intervening human agency that cut of D's liability, IIT, LT-MSR) [A2 Central of Georgia Ry. ( intervening negligence destroyed systematic relationship between Ds and injury to Ps)]

Elliman v. Gombar (Ohio App. 1949)

NL - P (bare licensee or trespasser) went to D's house at night to inquire about friend's whereabouts, thinking friend still lived there. He fell through a hole in D's porch that had been dug for repairs. (no trap, obvious danger)

Cunillera v. Randall (N.Y. App. Div. 1994)

NL - P 10-year-old and other children were playing with an open fire hydrant in the street. Another child pushed P in front of the stream of water that propelled P rapidly and forcibly into the street. Just at that moment D was speeding down street in her car, and P slammed into rear side panel of car sustaining injuries. (if D had been going faster the P would not have hit the car. No systematic relationship between speed of car and injury, LT-MSR)

Saelzler v. Advanced Group 400 (Cal. 2001)

NL - P FedEx delivery lady was assaulted and nearly raped at Ds' extremely dangerous apartment complex, claiming that if Ds had provided security guards on premises in the day (when the attack occurred) in addition to at night, then the attack would have been thwarted.

Harpster v. Hetherington (Minn. 1994)

NL - P agreed to go to D's house and feed their dog while they were away. P let the dog out of garage into fenced-on backyard, but dog escaped through broken gate that D failed to repair latch. P searching for dog walked to front porch where she slipped on ice that had accumalted during day when D were gone. (Duty: invitor/invitee, breach: latch not ice on porch, NIT, CTC or LT-MSR) [A2 Palsgraf, Central of Georgia]

Marenghi v. New York City Transit Authority (N.Y. 1989)

NL - P alighted from D's subway train in station. She took a few steps then saw passenger rushing down stairs yelling to hold the train. She turned around and saw conductor's head sticking out of window and doors closed then re-opened. Passenger knocked P down and ran over her to make the train. (Duty: CC, breach: opening the doors, IIT not EFR. Hard case to gloss) [A2 Snyder, Palsgraf; DF McClure 782, Weirum, Guille]

Leuer v. Johnson (Minn. App. 1990)

NL - P and Ds were hunting deer together. Ds returned to car and then went looking for P who was persuing a wounded deer. As defendants approached P (both seeing P and P seeing both Ds), both Ds also thought they saw a deer, fired simultaneously, and one bullet hit P. Bullet never found, no body knew which D fired the shot that hit P. [DF Summers v. Tice (Ds shot deliberately, knowing that P was potentially at risk, willful and wanton negligence)]

Todd v. Dow (Cal. App. 1993)

NL - P and adult cousin were engaging in mock hand-to-hand combat with rifles afixed with bayonets. P's cousin's rifle discharged and severely injured P. P sued assailant's parents (Ds) because they knew of adult son's possession of firearms but did not confiscate them. (no special relationship between parents and adult children) [DF Carmona (no negligent entrustment)]

Minder v. Cielito Lindo Restaurant (Cal. App. 1977)

NL - P and wife ate lunch at D's mexican restaurant and contracted shigella. Doctor testified that source of infection was probably contaminated food but conceded that the infection could have happened before the meal or through contact. No other patrons had contracted bacteria, and no previous complaints against D's restaurant. (food poisoning cases difficult because of causation analysis)

Hill v. Lundin Associates, Inc. (La. 1972)

NL - P babysitter was hanging laundry in back of D's house who had D contractor previously working who left ladder in yard. Although aware of position of ladder, P tripped and injured trying to prevent D's child from injury. (P contributorily negligent,risk of harm from leaving ladder was not foreseeable)

Tucker v. KFC National Management Co. (D. Md. 1988)

NL - P customer got in fight at KFC (D) with another customer. When assailant brandished knife D's employee called police. After assailant stabbed P, police arrived and arrested him. P argued that D should have had security. Court: no duty to provide secuirty guards (burdensome untaken precaution)

Gorris v. Scott (L.R. 1874)

NL - P delivered sheep to D for transport by ship. Statute required animals brought to UK by sea be placed in pens with footholds to prevent overcrowding and be able to keep their feet in pens (purpose was to prevent disease). D's ship without footholds encountered rough storm and P's sheep were washed overboard. (OSR)

Camp v. State (Cal. App. 2011)

NL - P drunk passenger injured spine in a car accident. D's CHP officer w/ EMR training managed accident scene, assessed P's medical condition (moaning and couldn't walk, but declined ambulance) and ordered everyone to leave the site. When passengers moved D, her injury was aggravated. Court: D's managing accident scene not sufficient to create a duty. No misfeasance and no evidence of P's detrimental reliance. [DF Zelenko (no isolation), Hackman (SS: incorrect diagnoses, police vs. private EMR)]

Wright v. Pritchard Industries (N.J. Super. App. Div. 2011)

NL - P employee / invitee worked at city-owned building leased to D. P was injured when a heavy, metal bathroom stall door came loose and fell on her hand. (D did not have exclusive control over door) [DF Lyttle v. Denny (ordinary door vs. unusual dangerous bed)]

Garcia v. Joseph Vince Co. (Cal. App. 1978)

NL - P engaged in college fencing match injured when opponent's defectively thin and sharp saber pierced his mask and stabbed him in the eye. Evidence showed that defective blade could have been made by D1 or one other supplier D2. (P was not able to show that either of the Ds breached their duty) [A2 Burton v. Waller (only some of the Ds breached duty); DF Summers (both Ds def. breached)]

East Texas Theatres, Inc. v. Rutledge (Tex. 1970)

NL - P exiting D's movie theater was struck in the head by a bottle thrown from balcony by unidentified person. During movie, rowdy patrons on full balcony were hollering and throwing paper cups. P argued untaken precaution was ejecting rowdies or showing force of employees or police. (no "but for" causation between D's failure to eject rowdies and P's injury. No evidence that bottle thrower was a rowdy. Argument that show of force or kicking out rowdies would deter bottle thrower speculative, may have even encouraged)

Gordon v. American Museum of Natural History (N.Y. 1986)

NL - P fell down stairs after slipping on fresh wax paper litter from food stand operated by D's concessionaire at the entrance of museum. P sued D for negligently failing to notice trash and dispose of it. Court: no evidence that anyone saw wax paper before accident, nor was the paper described by P as being worn or dirty (signifying extended duration, Duty: invitor/invitee, Untaken precaution: not regularly cleaning stairs and removing hazards.

Pena v. Women's Outreach Network, Inc. (N.Y. App. Div. 2006)

NL - P fell from stairs while exiting D's medical van where she had undergone a mammogram. P's shoe got struck on the stairs and she lost her balance. P's expert pointed out several unsafe conditions (worn treads, inadequate handrails, etc.) No evidence of why her shoe got struck in stairs, P did not know how it happened. (None of the unsafe conditions mentioned by P's expert could explain why her shoe got stuck) [A2 Capps 572; DF Kirincich 562]

Hulsey v. Safeway, Inc. (Cal. App. 2005)

NL - P helped D store's manager trying to retreive stolen goods from a shoplifter's moving car (against store policy). No express request for assistance. P was thrown to the ground after holding onto the door of the moving vehicle. Court: D NL to a patron injured by the intentional act of a 3rd party. [DF Burdette, Schuster (SS: Ps collaborated with security, D not police)]

Miller v. Arnal Corp. (Ariz. App. 1981)

NL - P hiker stranded in a storm on mountain near ski area owned by D. Other hikers reached ski patrol seeking help. Ski patrol wanted to initiate rescue but other D employees said using the ski lift was too dangerous and rescue was aborted. Court: rescue never started so no undertaking, no prevention from anyone else rescuing. [DF Marsalis (no promise vs. promise that induced forbearance)]

Casteneda v. Olsher (Cal. 2007)

NL - P hit in back by stray bullet in gang shoot-out. P sued D park owner for negligently allowing gang members to live in park. P's grandmother and other tenants previously complained to D about presence of gangs but no similar prior incidents. Court: gang membership not foreseeable risk of harm for duty to evict. [A2 Saelzler (burden), DF Isaacs (AA), Delgado, (foreseeable risk)]

Knottnerus v. North Park St. Ry. (Mich. 1892)

NL - P injured when roller coaster car derailed. D did not own or operate the specific roller coaster at amusement park, but owned a nearby constuction site. The derailment may have been caused by a wood chip blowing from D's construction site on to tracks or defective work performed by ride's owner. (no cause in fact because causation argument speculative. Failure to prevent wood chips from flying in the wind is not a breach of duty)

Hutchinson v. Boston Gas Light Co. (Mass. 1877)

NL - P injured when she jumped from burning building. On that morning, large gas explosion occurred near the building that started the fire. D gas company was allegedly negligent, but the explosion occurred one day after great fire of Boston in 1872 that destroyed much of city. (gas mains weren't under exclusive control of D because fire had prevented their control. Type of accident could happen without negligence because the fire was so bad and disrupted D's ability to exercise due care)

American Guaranty & Liability Insurance Co. v. Federico's Salon, Inc. (N.Y. App. Div. 2008)

NL - P insurer of clothing store sued D upstairs tenant renovating salon on 5th after toilet on 4th floor allegedly used by D's independent contractors clogged with construction rubbish wrapped in white paper overflowed and ruined $2 million of P's inventory. D did not control any portion of 4th floor, but was occassionally allowed access when elevator or stairwell was left unlocked (no exclusive control) [A2 Powell v. Hardee's (overflow cases w/o exclusive control]

Donnell v. California Western School of Law (Cal. App. 1988)

NL - P law student was stabbed on way to his car in attack at night outside D law school. D's building had no exterior lights and no patrolling security guards in high crime area. [DF Isaacs (attack was on public property vs. D's property. AA of disarming guards in Isaacs)]

Credit Alliance Corp. v. Arthur Anderson & Co. (N.Y. 1985)

NL - P lenders suffered economic loss because of error in D accountant's negligent audits of 3rd parties with whom Ps had no K. D was aware that end and aim of the audit was to provide P with required financial info to make loan. Gloss: accountants only L to non-Kparties if (1) accountants aware that info to be used for particular purpose (2) for known party (3) conduct linking accountants to party shows accountant's understanding of party's reliance.

Winterbottom v. Wright (Exch. 1842)

NL - P mail-coachman sued D coach supplier and post office contractor whose responsbilities under K with post office included maintenance of mail-coaches. P was driving coach when latent defects and general dangerous state caused vehicle to sudden break down, injuring P. Court: no duty b/c no privity of contract between D and P.

Miles v. Hicksville Union Free School District (N.Y. App. Div. 2008)

NL - P middle school student was injured when as she sat down in a desk, scraped her leg against jagged metal rod that somehow detached from book basket under desk. (D did not have exclusive control because desk was accessed by numerous students) [A2 Dermatossian (apparatus open to lots of people who would predictable abuse them); DF Rose (there more dangerous and less visible)]

Einhorn v. Seeley (N.Y. App. Div. 1988)

NL - P moved into her fiancé's apartment. Front door of building was broken, and landlord hired D locksmith to fix it. P alleges that D's negligent repair allowed assailant to enter building and assault her. (nonfeasance, end and aim of K between D and landlord was not protection of P, guest of tennant. No special relationship between D and P. Not pure nonfeasance. Finding L would expose locksmiths to indeterminate liability, adverse selection problem)

Prado v. City of New York (N.Y. App. Div. 2005)

NL - P old man tripped over D city's delivery man's foot as he was pushing a large, heavy cart on NYC sidewalk. Court: D could not reasonably anticipate that a pedestrian would ignore presence of large cart and not take reasonable precaution. P in NYC has a duty to look where he is going.

Schroerlucke v. McDaniel Funeral Home, Inc. (Ky. 1956)

NL - P old woman was a guest at funeral arranged by D. P's son asked D's employee to take P's wheelchair from the the back of their car to the church. D transported the chair erect and did not touch or tamper with mechanism, and it collapsed when he placed P in it. (Inspection of the wheelchair was not the duty of D nor within his exclusive control) [DF Benedict v. Eppley Hotel]

Smith v. Lampe (6th Cir. 1933)

NL - P operated a tug boat and barge on lake in thick fog, and arranged with harbor to guide them in by fog horn. D lakeside resident heard horns and thought boat was going to run aground, made warning signals that inadvertedly guided tug towards shore instead of harbor. Tug realized and turned around but barge crashed and was damaged. (D exercised reasonable care)

Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. (The Wagon Mound (No. 1)) (P.C. 1961)

NL - P operated wharf and was repairing ship. D negligently spilled furnace oil into harbor, which drifted and accumulated under P's wharf. D made no attempt to disperse oil. P's manager was aware, asked D, and made judgment to continue work thinking oil would not be flammable on surface of water. Molten metal from welder ignited oil and conflagration damaged ship and wharf. Scientist testified that D could not know that oil would have caught fire. (Duty: AA of bringing oil into harbor, Breach: spill and not dispersing, SDK)

Texas & Pacific Ry. v. McCleery (Tex. 1967)

NL - P passenger in truck that collided with D's train at crossing. Train was travelling at 25mph in violation of 12mph limit. Train activated warning signal that P's driver never saw, who slammed on brakes and skidded into the train. Despite obstructions reducing field of vision, P's driver should have been able to see train. (Duty: AA of operating train, Breach: train speeding, cause in fact, NCP because driver did not look out for train, LT-MSR because train's speed did not affect driver not looking out and direct hit) [A2 Sugar Notch; Cunillera]

Dermatossian v. New York City Transit Authority (N.Y. 1986)

NL - P passenger on D's city bus was injured when standing up and striking his head on defective grab handle projecting straight down instead of customary angle. (D did not necessarily have exclusive control over the grab handle (other passengers could have created unsafe condition) [A2 Ballard v. SRMC (in both cases Ps injured by handrails, which are not dangerous); DF Higgin (exclusive control, more hazardous, less opportunity for victim precaution)]

Central of Georgia RY. v. Price (Ga. 1898)

NL - P passenger on D's train that passed by her stop through D's conductor's negligence and she was carried on to other town, accompanied to hotel by conductor who paid her expenses. P left kerosene lamp on after going to sleep and it exploded, burned her hands. (IIT, LT-MSR)

Adams v. Lancashire & Yorkshire Ry. (C. P. 1869)

NL - P passenger on D's train was sitting next to door of car. The door's lock was defective (due to D's negligence) and the door kept opening as the train was moving. P repeatedly closed door. 4th time P tried to hold door shut and lock it, but fell out of moving train sustaining injuries. (P voluntarily encountered risk of accident. P was partially in control of door because he was slamming it) [DF D'Anna (no voluntarily encourter of the risk), McComas v. Barnes (exclusivity of control)]

Stoskin v. Prensky (Md. 1970)

NL - P passenger sued for injuries that she sustained when she slipped on a Coke bottle that fell from the D's stationwagon when P was exiting car. D had stored loose empty bottled under passenger seat. (Nothing inherently dangerous about placing empty bottles i.e. could have occured without D's negligence (freakish, low-risk accident). P may have contributed to the accident. Bottles not under exclusive control of D) [DF Higgins]

Powell v. Hardee's Food Systems, Inc. (4th Cir. 1995)

NL - P patron of D's fast food restaurant entered men's bathroom and slipped on a pool of water. Water was not visible from outside restroom and no warning signs had been posted. D claimed there had been overflow problems but not during preceding week, but employees checked every 30mins. (no exclusive control: just as likely that another customer had spilled water on floor immediately before P entered, alternative causation - true blue) [A2 Winn-Dixie (adequate supervision, not necessarily exclusive control)]

Veltri v. Stahl (N.Y. App. Div. 1989)

NL - P pedestrian on sidewalk injured by glass storm window that fell from D's apartment building. (D did not have exclusive control because he leased apt. to tenant and played no role in installation and cleaning of windows) [DF Summers v. Tice (who caused harm? vs. both shot)]

Larson v. St. Francis Hotel (Cal. App. 1948)

NL - P pedestrian on sidewalk just stepped out from under marquee of D's hotel, when an armchair fell on and injured him. It was V-J Day (end of WWII) and hotel guests were overzealously celebrating. (D's lacked exclusive control over hotel furniture because guests could have thrown chair) [A2 Veltri, East Texas; DF Nicollet Hotel]

Lua v. Southern Pacific Transportation Co. (Cal. App. 1992)

NL - P pedestrian waited for train that was blocking the road to move for 10-15 mins. He started to climb over the train when it started moving and he was injured. Statute mandates that grade crossing must be opened within 10 mins to ease traffic congestion, public convenience and necessity, and safety or rail operations. (OSR - P in protected class, but not this type of injury) [A2 DiCaprio, Gorris; DF Osborne, DeHaen]

Eaves Brooks Costume Co. v. Y.B.H. Realty Corp. (N.Y. 1990)

NL - P provider of theater costumes rented commercial space from a building that contracted with Ds to inspect sprinkler and fire alarm system. System failed, flooding building and costume inventory was damaged. (no privity of K, nonfeasance, adverse selection issue: building was in better position to insure against property damage)

Brown v. Poway Unified School District (Cal. 1993)

NL - P repairman was delivering computer to D's school. P slipped and fell in in the school hallway, a fresh slice of baloney was found stuck to the sole of P's foot. (Slips and falls do ordinarily occure without. Not clear that D was had exclusive control over baloney) [DF Anjou (grittiness); Rose v. Melody (easy to look where you're walking vs. unsafe condition was undetectable)]

Farber v. Olkon (Cal. 1953)

NL - P schizophrenic had undergone 80 electroshock treatments before being paroled to D's private mental hospital. There D doctor and nurses performed electroshock treatment, causing convulsions which led to P breaking his femurs, necessitating lengthy treatment and permanently deforming him. (Type of injury normall occurs without negligence. Bone fractures are common hazard and even a calculated and expected result of electroshock treatment)

Danielenko v. Kinney Rent A Car, Inc. (N.Y. 1982)

NL - P security company rented cars from D rental company, P's employees picked up car, collected cash, and when driving to airport a bomb underneath passenger seat exploded, severely injuring occupants and destroying money. (unforeseeable harm, untaken precaution: increase security, but D did have employees on duty)

White v. Southern California Edison Co. (Cal. 1995)

NL - P severely injured on his moped in a car crash at darkened intersection at which D's lights had failed. Court: in absence of a K between utility and consumer, public utility owes no duty for personal injury as a result of interruption of service. [A2 Winterbottom (both public contractors); DF Glanzer (nonfeasance vs. misfeasance, privity of K, diffuse class of people would benefit from street lighting vs. specific customer)]

Colclough v. Great Atlantic & Pacific Tea Co. (N.C. App. 1968)

NL - P shopping at D's grocery store was pushing shopping cart, wheel jammed, and jammed P's little finger. P found dirty string wrapped around inside of wheel, resembled a dirty mop string. (D did not have exclusive control over cart, P was using it) [DF D'Anna (SS: failure to inspect. there exclusive control & inherently dangerous)]

Selger v. Steven Brothers, Inc. (Cal. App. 1990)

NL - P slipped on dog feces that accumulated on sidewalk outside D's store. Ordinance imposed duty on D owed only to city, not to pedestrians. City has primary responsibility for maintaining public sidewalks. (Usual result in slip and fall cases where P seeks damages from property owners abutting sidewalks) [DF Martin v. Herzog (health vs. safety statute)]

Smith v. Caplan (Tex. Civ. Ct. App. 1968)

NL - P somehow hurt her foot while getting on D's merry-go-round. Cause of injury totally unclear (No accident signature, P may have contributed to the accident) [DF Reinzi (broken stirrups were speaking to negligence vs. no accident signature)]

Field v. Empire Case Goods Co. (N.Y. App. Div. 1917)

NL - P sued D bed manufacturer (no K) after bed collapsed with her on it while she was delivering a child, and she was injured. P had used bed for nearly a year without any issues prior to the accident. [BF MacPherson (bed less dangerous than car, harm less foreseeable), Langridge (bed vs. gun)]

Brooks v. Eugene Burger Management Corp. (Cal. App. 1989)

NL - P tenant lived with her child son in large apt complex. P's son walked off un-fenced premises and was hit by a car trying to cross a busy street. D had issued bylaws and liability waiver to all tenants. [DF Goode (SS: fences, here open hazard, parents knew about hazard) Brooks (here no attractive playground)]

Riss v. City of New York (N.Y. 1968)

NL - P was being terrorized by rejected suitor, and contact police multiple times fully explaining threat and pleading for help. No action was taking by police, P was attacked with lye and suffered chemical burns leading to blindness. Court: nonfeasance, police protection limited by resources and priorities. [A2 Zepeda (not duty for gov't to render aid)]

Gray v. America West Airlines (Cal. App. 1989)

NL - P was checking in for a flight on D airline, turned around and tripped on a box that had been moved by another passenger. P also sued airport. Court: common carrier duty doesn't apply in common area of airport. [DF Lopez (SS: 3rd party harm, common area vs. in vehicle); A2 Greene v. Sibley, Lindsay & Curr (P tripped on D's employee at store counter)]

Winn-Dixie Stores, Inc. v. Parker (Va. 1990)

NL - P was customer in D's grocery store and slipped and fell sustaining injuries. On the floor she saw a snap bean under her foot. She did not see the bean before falling. (Bean was not within the exclusive control of Ds. No evidence as to how long the the bean had been lying on floor) [DF Jasko 470, Anjou 537]

Troisi v. Merit Oil Co. (N.Y. App. Div. 1994)

NL - P was filling car up with gas at D's station and the gas hose burst, spraying P with gas. (No exclusive control because gas hose was continuously available for use by the D's customers. Also, type of accident does occur absent negligence) [A2 Ballard (sudden, unexpected failure and difficult to inspect the integrity of apparatus)]

Di Ponzio v. Riordan (N.Y. 1997)

NL - P was filling up his car at D gas station. Another driver pulled in and started filling up but without turning off engine (statute required warning signs). While driver was inside paying, his car rolled into P, pinning and fracturing his leg between the two cars. P alleges that D's attendant's should have told D to turn off his engine. (OSR - statute's purpose was to safeguard against the hazards of fire and explosions, not collisions with pedestrians)

Donehue v. Duvall (Ill. 1969)

NL - P was hit in eye by hard clod of dirt thrown at him by another minor who took dirt from pile in D's backyard. P claimed there was broken glass in pile and clod was hard and as large as baseball. (Minor trespassor, duty? Breach of duty?, IIT) [DF Richards v. Stanley (both IIT)]

Davidson v. City of Westminster (Cal. 1982)

NL - P was in laundromat under survaillence by D's police because of recent cases of women being stabbed. Ds identified likely perp but did not warn P, who was stabbed. Court: no special relationship btw police and assailant (visual identification not sufficient) and no special relationship between police and P. [A2 Zepeda, Eastburn

Raimondi v. New York Racing Association (N.Y. App. Div. 1995)

NL - P was injured when his low seat in grandstand of D's racetrack collapsed. (No exclusive control because thousands of other patrons at D's racetrack could have damaged the seat) [DF Rose v. Melody Lane (bar stool more dangerous than grandstand seat, more exclusive control over a bar because fewer patrons, easier to supervise their behavior)]

Hailey v. Otis Elevator Co. (D.C. App. 1994)

NL - P was injured when she fell down on her knees on an escalator at a department store. P sued D maintenance contractor. P and husband testified that the escalator made "a little funny jerk" that threw the P off-balance. Several other people were on escalator and did not fall. Escalator had been inspected at beginning of year and two days after incident, it was operating properly and had never required repairs. (not clear that escalator exhibited a severe or unusal motion, P may have contributed to the accident herself) [A2 Smith v. Caplan; DF Swissotel]

Burks v. Madyun (Ill. App. 1982)

NL - P was paid to babysit D's teenage sons. D told P that boys had trouble in school, but not that they were having trouble with gangs. 3rd parties broke into house and shot P. Court: invitor-invitee special relationship, but absent D's knowledge of danger, no duty of reasonable care to guard against attacks by 3rd parties. [DF Baxter (SS: employee/invitee shot at, no asymmetry of info here)]

Fredericks v. Castora (Pa. App. 1976)

NL - P was passenger in D's bus whose driver attempted U-turn on highway and was struck by following D truck. Court: Truck drivers are not held to a higher standard of care than regular drivers. [DF Health v. Swift Wings (no specialized knowledge could have helped them predict a random car accident)

Parsons v. Crown Disposal Co. (Cal. 1997)

NL - P was riding his horse on bridle path adjactent to restaurant parking lot. D's employee was conducting normal trash collection operations, shaking can with fork lift, which spooked P's horse, which threw him causing injury. Although D knew about path, he did not see P. (various untaken precautions would inappropriately burdensom on trash collection, a necessary social function)

Swift v. American Mutual Insurance Co. (Mass. 1987)

NL - P was sandblaster and died from exposure to silica dust at worksite. D insurance company failed to warn P of risk it had discovered at worksite. Court: (policy) if D is L for not informing P of risk bad incentive for insurers to stop voluntary safety inspections. [DFMarsalis (promise & reliance vs. no promise)]

Palsgraf v. Long Island R.R. (N.Y. 1928)

NL - P was standing on platform of D's railroad. Approx 25-30 ft away, a man carrying a newspaper-covered package filled with fireworks was trying to board a moving train. D's guard on the car reached forward to help him in and another guard on platform pushed him from behind, dislodging the package which fell to the ground, exploded and shaking knocked down scales onto P injuring her. (Duty: common carrier/passenger, breach: allowing package to fall, cause in fact? NIT, LT-MSR or CTC because of 5 step causal chain)

Robinson v. Butler (Minn. 1948)

NL - P was travelling on 2-lane highway with D2 passenger in front seat. D1 another driver attempted to pass P, but there was an on-coming cattle truck. P swerved onto right shoulder, but D2 passenger grabbed wheel and car swerved left across highway and crashed into ditch causing injuries. (IIT, D2's negligent act was a superseding force that cut of D1's L) [DF Ballew v. Aiell 531]

McClure v. Allied Stores (Tex. 1980)

NL - P was walking through crowded shopping mall when a shoplifter collided with and knocked her to the floor causing injuries. Shoplifter was being pursued by D security guards who had attempted peaceful arrest, were pushed by shoplifter, and proceeded to chase them on foot through mall. Shoplifter acted as he did due to D's unsuccessful attempted arrest and hot pursuit through crowded mall. (EFR)

Carter v. Kinney (Mo. 1995)

NL - P was walking to Ds' house for a Bible study group, and slipped on a patch of ice in Ds' driveway, breaking his leg. (licensee) [A2 Slim Pickens (both natural hazards)]

Ballard v. Southern Regional Medical Center, Inc. (Ga. App. 1995)

NL - P with broken toe went to D's medical building, fell and was injuring because D's hallway handrail pulled out of the wall and collapsed. The defect was not apparent and D's employees frequently patrolled hallways, but after accident, other loose handrail was tightened by maintenance staff. (D had no duty to discover a defect that is not manifested until the incident causing injury, would be impracticable. Handrails can fail and create unsafe condition without negligence) [DF Rose v. Melody, Yazzolino v. Jones]

Davidson v. Miele Sanitation Co. (N.Y. App. Div. 2004)

NL - P worked at trash transfer station owned and operated by D. P was guiding a trash truck into a truck bay (seperated by guardrail). Driver hooked fender on guardrail, P directed driver to turn wheel and pull forward to disengage. Neither P nor driver knew guardrail was sharp, and it pierced tire that exploded and blew small aluminum sign 15ft injuring P. Couer: intervening events were extraordinary and unforeseeable. (Duty: employer/employee or invitor/invitee, Breach: having a sharp guard rail, NIT or DCE, CTC) [A2 Wagon Mound; DF Barker, Ridley]

Ann M. v. Pacific Plaza Shopping Center (Cal. 1993)

NL - P worked in shop in D's shopping center, attacked and raped in early AM. Transients loitered in D's center and crime rate was high in area, D did not provide security (also did not have records on prior criminal incidents). Another employee was allowed to bring guard dog on property for self-protection. Court: crime not sufficiently foreseeable to impose security duty. [DF Isaacs (crime history, similar priors, less special relationship because P was not an employee of D)]

Sinram v. Pennsylvania R.R. (2nd Cir. 1932)

NL - P's barge was being towed in snow storm by D's tugboat, and another of D's tugs collided with barge. P's bargee was present and aware of intensity of impact that broke some planks and almost capsized barge. Bargee tried to inspect damaged but barge covered in ice. At dock, bargee did not inspect down below, and took on 450 tons of coal. Barge sank. [A2 Pittsburg Reduction (NCP, original wrongdoer relieved of liability because a responsible, duty-bound third party should have been aware of risk and taken precaution to prevent harm), DF Carroll Towing]

Capps v. Brashear (La. App. 1987)

NL - P's daughter broke ankle while jumping on trampoline in D's backyard. P was jumping normally and did not fall off trampoline at time of injury. She had parent's consent to jump, and was unsupervised. Court: None of the untaken precautions (fence to restrict access, spotters and supervision) would have prevented harm.

Smith v. Americania Motor Lodge (Cal. App. 1974)

NL - P's deceased 11 and 10-year-old children left home unaccompanied to do laundry, and were found dead in D's pool. Pool had a warning sign re no lifegaurd and no unsupervised minors in compliance with regs. No safety line with buoys seperating deep end (violation of saferty reg). Ps had swimming gear, supporting idea that Ps were surreptriciously sneaking into pool to swim. (Ps contributorily negligent and no evidence that absence of safety line was the cause in fact of their deaths) [DF Haft (trespassers v. invitees)]

Morejohn v. Rais Construction Co. (N.Y. 2006)

NL - P's deceased alleged that he was employed to deliver boxes to D's contractor's worksite at house, and that a roll of roofing material fell and hit him on the head. P did not seek medical treatment for 2 mos, informed D 2mos later. D denied the incident ever took place, alleging P was dismissed several weeks earlier b/c his extreme headaches posed safety problem. Homeowner testimony supported D's version of the facts. (dispute of facts, inference created o weak that D did not have burden to exculpate himself) [A2 Norfolk & Western Ry]

Baer v. Van Huffell (Ore. 1960)

NL - P's deceased and husband were social guests at Ds' house. P was directed by Ds to hallway to use the bathroom. She walked into wrong door and fell down basement stairs. A similar incident happened before, and Ds installed a latch that was not in place at time of accident. Court: duties to licensees (1) no willfull, wanton or intentional injury (2) no injury through AA (3) duty to warn of any trap avoidable by reasonable care. Door not trap, reasonable care includes looking in room before entering. [DF Maher (SS: confusing stairs, nonfeasance vs. AA of deception)]

Hurley v. Eddingfield (Ind. 1901)

NL - P's deceased became violently ill and requested D doctors services, informing D that no other doctor was available. D refused to aid P not giving a reason. P died from illness. (nonfeasance, no special relationship between doctor and individual requesting medical care) [A2 Yania, Zepeda (no promise, no undertaking, no special relationship); DF Hackman, Morgan (no promise vs. undertaking / promise)]

Wanzer v. District of Columbia (D.C. App. 1990)

NL - P's deceased died of stroke after D's 911 dispatcher negligently failed to dispatch ambulance at his request. (No special relationship, municipalities NL for negligence in the performance of a gov't function including EMR) [A2 Zepeda (nonfeasances, but extends b/c here dispatcher took charge of P's care but failed vs. no aid); DF Sorichetti (no special relationship)]

Radley v. Knepfly (Tex. 1911)

NL - P's deceased sleeping on 3rd floor of D's lodging house died in fire. The building had two fire escapes, and P attempted to get to further escape and was burned in backdraft. P could have escaped using closer fire escape. (failure to have additional escape of the side of the building where P was sleeping was not cause in fact of death)

Walston v. Lambertsen (9th Cir. 1965)

NL - P's deceased was crab fisherman who disappeared without a trace with D's crab boat on day with good weather forecast. Other boats did not notice anything unusual or out-of-line with boat's loading or maneuvering. (Because the ocean is inherently hazardous for vessels, thus type of accident can ordinarily occur without negligence. No evidence that boat was unseaworthy) [DF Haasman (less advance technology)]

Wolf v. Kaufmann (N.Y. App. Div. 1929)

NL - P's deceased was found dead at the foot of flight of stairs on D's property. The stair case was unlighted in violation of a local statute. The evidence was inconclusive whether P's fall occurred at night when there would be no natural light. [DF Reynolds v. Texas & Pacific Ry]

Boyd v. Racine Currency Exchange, Inc. (Ill. 1974)

NL - P's deceased was in D currency exchange. Robber held a gun to P's head and demanded that D's teller behind bullet-proof glass open door / hand over money or he would execute P. D's teller fell to floor. Robber shoot's P in the head. Court: no duty to anticipate criminal acts of 3rd parties. [DF Sinn (SS: Ds did not protect P. No time to warn vs. ample time to warn P), Nigg (nonfeasance vs. misfeasance i.e. hiring JD)]

Zepeda v. City of Los Angeles (Cal. App. 1990)

NL - P's deceased was shot in the neck and even though D's paramedics were in no apparent danger and parked very close to injured P, they refused to treat him until police arrived, and he died. Court: no general duty to render aid, D did not create risk, increase risk, or undertake care (nonfeasance) [A2 Miller v. Arnal]

Frye v. City of Detroit (Mich. 1932)

NL - P's deceased was standing in safety zone waiting for D city's streetcar, when insolvent driver negligently stuck him, throwing P on to tracks. D's streetcar then negligently struck P a second time. P was severly injured and died shortly thereafter. (Not clear which injury caused death, overruled sub silento by Maddux)

Seaber v. Hotel Del Coronado (Cal. App. 1991)

NL - P's deceased was using crosswalk in front of D's hotel, stuck and killed by 3rd party motorist. Cal Trans maintained crosswalk, had removed previously due to safety concerns, but reinstalled it explicitly on D's request. Court: no duty b/c D lacked effective control over crosswalk. Requesting reinstallation not AA.

Padilla v. Rodas (Cal. App. 2008)

NL - P's son drowned in D's swimming pool. P and D were supervising kids in front yard, D took a phone call and P knew he was no longer supervising. P went inside for a few minutes, leaving kids unsupervised, and son was missing, found dead in pool. Unclear whether son entered pool area through gate or through house. [DF Johnson (IIT = lack of supervision)]

Rozz v. Village Auto Body Works Inc. (N.Y. Dist. Ct. 2010)

NL - P's son was driving his car on N-bound lane of highway, swerved to avoid a piece of debris and crashed into concrete divider. He swerved to avoid license plate later determine to belong to vehicle that crashed 6 days earlier on S-bound lane. P sued D tow truck company for failing to clear debris (mandated by statute) Court: no visible debris at initial accident scene, two collisions too remote in time and attenuated for there to be any finding of causality. P also swerved unecesssaily (IIT or contributory negligence)

Norfolk & Western Ry. v. Anderson (Va. 1966)

NL - P's tomato crop withered after D sprayed herbicide on and around railroad right of way. P argued that D srayed when it was windy, and spray drifted, exposing tomato crop that was damaged. D argued that there was no wind, spray was reduced near P's crop leaving 18ft buffer, and that exposure would have completely killed plants. D argued cause was unrelated blight. (no res ipsa, issue of fact whether the damage was caused by blight or D's herbicide)

Greene v. Sibley, Lindsay & Curr Co. (N.Y. 1931)

NL - P, department store customer, tripped over D's store employee who had just got down on his knees to repair cash register. P saw D's employee standing up, but did not see him get down, and tripped on his foot. (P negligent for not minding her surroundings)

Sharon P. v. Arman, Ltd. (Cal. 1999)

NL - Passaulted and raped in D's commercial parking lot with bad lights. CCTV in place but was not functioning. No record of prior similar incidents on property, only bank robberies next door and 2 rapes over year within 50 blocks. Court: no reasonably foreseeable risk of crime for security duty. [A2 Ann M (burdensome untaken precaution); DF Isaacs (nonfeasance vs. misfeasance, better crimes stats and priors there)]

Davies v. McDowell National Bank (Pa. 1962)

NL - Ps deceased paying a social visit to D's step-father and found him unconscious, called a doctor who revived D's decedent, and decided to stay with him. All died from carbon monoxide poisoning because furnace vent had rusted shut. D had been warned by doctor to inspect furnace. Court: Social guests licensees, D is L if knowledge of dangerous condition and fails to warn P. No knowledge demonstrated.

Church ex rel. Smith v. Callanan Industries (N.Y. App. Div. 2001)

NL - Ps motorists' infant son was severely injured when P driver fell asleep at wheel and car careened into concrete anchor because D subcontractor on public construction project failed to install proper guiderails on public highway. (obvious defect, class of potential P virtually limitless, no reasonable temporal proximity between D's performance and accident, and no detrimental reliance) [DF Palka v. Servicemaster (adverse selection), Cabral (parking more AA, closer temporal proximity, here public entity so less need for tort law)

Akiona v. United States (9th Cir. 1991)

NL - Ps were injured when a assailant threw a grenade into restaurant parking lot. Grenade was determined to have been manufactured between 1967-9 and shipped in possession of D USG, but no records or evidence of how the assailant acquired it. (insufficient evidence that D had exclusive control over instrumentality, 20 year gap)

Dragoo v. Niland Fire District (Cal. App. 2011)

NL - Ps' deceased was disabled and being attacked by bees. Ds dispatched an under-equipped and inadequate response (allergies, no protective gear), even though neighboring town's EMRs were better equipped. Rescue failed and D was killed. Court: D did not create or add to danger, no duty to rescue. [A2 Hackman (SS: EMR, negligent treatment vs. failed attempt to rescue)]

Campbell v. First National Bank (D.N.M. 1973)

NL - Ps' deceased were passengers (mining engineers and geologists) on a rented single-engine airplane piloted by D's deceased, an experienced commerical pilot with >2000 hrs flight time. The crash was unexplained, and the wreckage was completely destroyed. (Because plane was rented, the pilot was not in exclusive control. Accident is one that would ordinarily occur without negligence) [D Nelson v. AA (exclusivity of control)]

Eastburn v. Regional Fire Protection Authority (Cal. 2003)

NL - Ps, minor child and her parents, sued public entities (D) that failed promptly to dispatch medical care after child (3) was electrocuted suffering permanent, debilitating injuries. Court: EMR immune from L (following Zepeda) "unless the action taken was performed in bad faith or in a grossly negligent manner"

Melton v. Boustred (Cal. App. 2010)

NL - Ps, party guests, sued D, social host, for throwing a rager and too indiscriminately inviting other guests (via a public Myspace announcement). Ps were attacked, beaten and stabbed upon arrival by a group of unknown individuals. (no duty b/c no special relationship nor misfeasance. Assault not foreseeable. No priors. Precautionary measures: security (rejected Wiener, Ann M, Sharon P) limiting invitees (high social cost to D)) [DF Delgado (class of persons vs. specific threat to specific individual)]

Clagett v. Dacy (Md. App. 1980)

NL - Ps, purchasers at auction of house in foreclosure, sued D attorneys conducting the sale (no K) after the sale was set aside because of Ds' error. (no privity of K) [DF Biakanja (end and aim of auction was to get the money to creditors, not sell property to P)]

Cooley v. Public Service Co. (N.H. 1940)

NL - Storm knocked down D ulitity's uninsulated power lines, one contacted intersecting phone line. High voltage caused loud noise in phone receiver, traumatizing P. P alleged that D failed to insulate power lines or construct some type of catcher baskets, but court found the cost of precaution to be greater than risk of harm of injury. Insulating wire could have been hazardous because twisted could prevent operation of circuit breaker, and therefore downed line would be dangerous to pedestrians.

Cole v. German Savings & Loan Society (8th Cir. 1903)

NL - Strange boy loitering in D's office impersonated attendant to play practical joke. Knowing that elevator was on upper floor, boy opened door and ushered P into open elevator shaft. She fell into shaft suffering injuries. Court: D could not foresee or reasonably anticipate that strange boy would tresspass and commit wrongful act. (IIT) [A2 Donehue v. Duvall (mischievous boys, high burden of the untaken precuation)]

Haynesworth v. D.H. Stevens Co. (D.C. App. 1994)

NL - Tenant called D, building's plumber, to report leaking boiler and ice formation in alley. D temporarily repaired broken pipe, and noticed that the water leak. D did not report leak to either the property owner or tenants. Six days later the P slipped on the ice. Court: D did not add to pre-existing dangerous condition, not hidden from the general public's vie (nonfeasance, no duty to warn) [DF Montgomery (SS: ice injuries, time elapse & there AA created risk)]

Stangle v. Fireman's Fund Insurance Co. (Cal. App. 1988)

NL - Thief stole P's ring at meeting in D's building, and receptionist refused P phone to call the police.

Burton v. Waller (5th Cir. 1974)

NL - Two died and three injured when Ds 38 police officers opened fire in the direction of a sniper during a college campus riot. Evidence at trial showed that 7 Ds fired negligently (excessive force) and remainder fired nonnegligently. Not possible to determine which shots fired caused the injuries. Court: numerical disparity between those Ds who fired negligently vs. nonnegligently and inability of Ps to relate gunfire of Ds to the vicitims. No cause in fact. [DF Sumers (both shots negligent vs. indeterminate)]

Purtle v. Shelton (Ark. 1971)

NL - Two teenage minors went deer hunting with high-power rifles and one D shot and killed P's deceased. Court: minors should be held to adult standard when (a) dangerous activity and (b) normally engaged in only by adults. Children normally hunt in Ark.

Zabunoff v. Walker (Cal. App. 1961)

NL - When driving into intersection governed by yield sign, D looked one way but sneezed and was unable to look the other direction, missing P's oncoming vehicle and they crashed. (sneezing is a reflex action, involuntary, that cannot be reasonably anticipated, therefore sneeze was intervening cause) [A2 A.C. ex rel. Cooper (involuntary mistakes]

Fiala v. Rains (Iowa 1994)

NL -D's digruntled and violent boyfriend broke into her home and kicked P guest/suitor in the face causing severe head injuries. Court: nonfeasance, no special relationship, insufficient evidence showing forseeability of violence against P. [A2 Rubio (bad relationships encouraged dangerous behavior); DF Wlasiuk (SS: D exposed P to danger, there more foreseeable and AA) Tarasoff (special relationship)

Hanton v. Pacific Electric Ry. (Cal. 1918)

NL -Disabled P tried to board D's train at station. With one foot on step of car, train started moving and P fell under train, which crushed his foot. Witness testified that P was hurried and started boarded when train was moving. (P negligently tried to board moving train)

Davis v. Feinstein (Pa. 1952)

NL for contributory negligence - Blind P, using cane to find his way, fell into D's open cellar door adjacent to sidewalk. P exercised due care considering his circumstances. [DF Kerr v. Connecticut (here P was taking precaution, and was completely blind not just hard of hearing)]

Pokora v. Wabash Ry. (U.S. 1934)

NL for contributory negligence - P driving truck approached railroad crossing, looked in one direction, the other direction blocked by string of box cars. He listened, hearing nothing proceeded and was struck by train from direction with blocked view. (In order to meet standard imposed by court in Goodman, P would have had to exit vehicle and reconnoiter the scene which is an uncommon practice and therefore not reasonable)

Berry v. Borough of Sugar Notch (Pa. 1899)

NL for contributory negligence - P motorman was driving through D town above the speed limit during a violent wind storm, and a large chestnut tree collapsed onto P's car injuring him. P's speeding was the alleged contributory breach of duty that was cause in fact of harm, but not proximate cause. (LT-MSR)

Tedla v. Ellman (N.Y. 1939)

NL for contributory negligence - Ps were walking and transporting junk alongside highway at dusk, walking on less-trafficked but statutorily incorrect side of highway (i.e. with direction of traffic). D passing motorist struck Ps, injuring one and killing other. Court: Ps were not negligent for because they had a justification.

O'Donnell Transportation Co. v. M. & J. Tracy, Inc. (2d Cir. 1945)

NL for contributory negligence- P chartered barge to D, who was moving the barge with a tugboat when it collided with another barge, puncturing hull below the water line (not visible). Later P's resident bargee checked bilge twice and saw no signs of flooding, went ashore for few hours, and returned to find 7ft of water. P's bargee tried to salvage boat, but too late and sunk.

Rodrigo v. Koryo Martial Arts (Cal. App. 2002)

P adult enrolled in taw kwon do class knowing that she might be injured due to the nature of the sport. 4 mos later she and other students were conducting a drill with master D to kick a pad he was holding one at a time. As P was preparing to kick, she felt "something" on her leg, and believed someoen kicked her. Her Achilles tendon was ruptured.

Boltax v. Joy Day Camp (N.Y. 1986)

P adult experienced swimmer gained access to pool (not filled to capacity) by trespassing and dove head first off lifeguard chair into shallow end, sustaining injuries. P claimed D was negligent for placing lifegaurd chair at shallow end and maintaing dangerously low water level.

Hulsey v. Elsinore Parachute Center (Cal. App. 1985)

P enrolled in parachuting course, signed release, acknowledged that D instructor informed him of risk of breaking leg and instructed him on canopy control. P exited aircraft normally, but failed to steer towards target area and collided with power lines, saw a bright flash, and regained consciousness on the ground with a broken wrist.

Gordon v. Muchnick (D guided P older woman into moving traffic, P hit)

Older woman P walked arm in arm in Queens with D who, younger and more alert than P, guided P across intersections. D had guided P out of the crosswalk and into a lane of moving traffic where P was hit by an automobile. P testified, without contradiction, that she relied on D in crossing the street and that she was more cautious when she crossed the street alone. TC dismissed P's case and P appealed.

Wyche v. Crown Central Petroleum (P slipped at D's gas station)

On a rainy day, P pulled into D's gas station and in getting out of her car she slipped on the concrete and fell. P was not sure exactly what she slipped on, and there was no indication that there was an unusual amount of oil or oil products on the D's concrete. [A2 Powell v. Hardee's, Smith v. Caplan, Winn Dixie]

Gromowsky v. Ingersol (D's airplane ride's cable broke)

P (11-years-old) was on D amusement park's airplane ride. The "airplanes" were attached to a 60ft tower with heavy wire cables. As the ride started, the airplanes swung out from the base of the tower until they reached 15ft off the ground. The cable to P's airplane broke, one end hit the P, and the airplane fell and crashed to the ground. [A2 Reinzi v. Tilyou]

Johnson v. Krueger (P fell on a tree stump on D's property)

P 11 yr old was playing touch football with neighborhood children. P ran to catch a forward pass, crossing into D's front lawn, and looked back to watch the ball. Straining to reach the ball, P fell onto a stump on D's property. P had not tripped on the stump but fell onto it. TC granted D's motion to dismiss, P appealed.

Public Service Co. v. Elliott (1st Cir. 1941)

P 6ft tall student was on field trip to D's power plant. Group was escorted through facility. Some warning signs but no sign on door of high-tension room, and no sign on transformer. Exposed live parts were about 7ft from ground, P pointed at one part and received high voltage shock, severly injured.

Connelly v. Mammoth Mountain Ski Area (Cal. App. 1995)

P advanced skier was on groomed, hard-packed run that he had skied 50-100 times at D's resort. It was a sunny day and ski lift tower visible from 200yrds. P lost control, lost a ski and slid into tower sustaining severe injuries. P argued tower's padding was not at snow level and inadequate.

Handley v. Halladay (N.M. 1978)

P and D teenagers leaving party. P insisted on riding atop D's car, and D repeatedly tried to get him down. D started driving slowly, and took a turn. P was spinning himself on the roof, fell off and was injured.

Yancey v. Superior Court (Neal) (Cal. App. 1994)

P and D were participating in community college PE class. P threw discus and went to retrieve. D up next failed to check field, failed to warn P, and carelessly threw discus which struck and injured P.

Carlin v. Smith (amusement park ride with dropping floor)

P and husband at D's amusement park ride. They passed the entrance to a ride that looked like the entrance to a cave. D's barker told them it was safe. They entered into a small, dark room and sat on a bench. Suddenly the bench and floor of the room dropped from underneath their bodies and they were shot down a conveyor belt. P's back was somehow injured. [A2 Reinzi v. Tilyou]

Feng v. Metropolitan Transportation Authority (N.Y. App. 2001)

P and mother at train station. While waiting for train to arrive, P was standing directly adjacent to tracks with his back to oncomigng trains. P was struck by D's arriving train and pushed onto mother.

Lineberry v. North Carolina Ry. (boy pushed P under D's train)

P and two companions were walking home from school along a path that was commonly used and that crossed D's railroad tracks. D was running a freight train at 25 mph, in excess of 15 mph speed limit, and P and companions stopped within two feet of the train. One of the companions pushed P and he fell under the train wheels, injuring his left leg. P appealed from a nonsuit. Analogous to Cunillera v. Randall, also Texas & Pacific Railway v. McCleery.

Markwell v. Swift & Co. (Cal. App. 1954)

P car hop at drive-in restaurant knew that D contractor had removed glass pane of restaurant, but momentarily forgot when she stepped back and fell through hole.

Aiken v. Holyoke St. Ry. (Mass. 1903)

P child jumped onto D's moving streetcar, clinging to a lower step, called out to D driver to stop, who accelerated to knock him off even though D knew P was in danger.

Avila v. Citrus Community College District (Cal. 2006)

P community college student-athlete was player in baseball game against D community college. P's pitcher hit D's batter, and in next inning, D's pitcher threw a beanball, hitting P in the head and cracking his helmet. P claimed D failed to prevent retalioatory or reckless pitching.

Li v. Yellow Cab Co. (Cal. 1975)

P driving took an unsafe left turn across 3 lanes into gas station 70ft before intersection. D speeding taxi driving in opposite direction crested hill, ran through yellow light, and crashed into P's right rear end causing injuries to P.

Marquez v. Mainframe (Cal. App. 1996)

P security guard making rounds at D's building entered darkened generator room and slipped on a puddle of standing water. D employed contractor to occassionally mop floor in room, and D had prior notice of standing water.

Conerly v. Liptzen (falling elevator)

P went to visit her friend in D's apartment building. When she was coming down in the elevator, she hit the lobby button, sparks flew, she smelled burning rubber, and the elevator plummeted. It stopped abruptly and threw P to the ground injuring her. [A2 Williams v. Swissotel]

Beninati v. Black Rock City, LLC (Cal. App. 2009)

P festival goer at D's Burning Man voluntarily approached the huge bonfire to burn a picture, knowing that being in close proximity to the fire posed a risk of burn. After throwing the picture into the fire, he took a few more steps forward and tripped on an unidentified object (perharps support cable) and fell in, severely burning his hands.

Harris v. Wood (D denist gave P too much nitrous oxide)

P healthy 25-year-old and his mother went to D denist to have teeth removed, and D put him under with nitrous oxide. D admitted that administering too much gas can lead to death, and when that happens the patient makes a gurgling sound. P turned blue which means the anesthetic is working, but something went wrong and he died. P's mother testified that she heard gurgling sound (P won jury verdict that D appealled). [A2 Ybarra v. Spangard]

Amezcua v. Los Angeles Harley-Davidson (Cal. App. 2011)

P motorcycle enthusiast with expereince in group rides participated in D's group motorcyle ride but failed to register or sign the release form. On highway, towards the rear of pack of 200 motorcycles, P was struck by van who rearended a car and swerved into the lane P was riding. P and wife injured in accident.

Adams v. Elgart (N.Y. App. Div. 1995)

P nurse sued P doctor after his patient, suffering from delerium tremens, attacked P. Patient exhibited violent behavior twice in prior three days, and P reported patient's violent tendancies to D. P sued for D's failure to transfer patient to psych unit or warn her.

Smith's Bakery v. Jernigan (D's truck kicked up gravel into P's eye)

P operated roadside grocery store, and covered the ground in front of the store with dirt, sand and gravel. D delivery driver parked his truck in front of the store, delivered the goods, and as he drove off in a normal way, one or both of the truck's rear wheels spun and kicked up some dirt and pebbles that hit P in the eye and injured him. [A2 Kohl v. Disneyland, Hill v. Lundin]

Kately v. Wilkinson (Ct. App. 1983)

P parents sued D boat manufacturer and D boat driver, after steering column locked on ski-boat which circled, crashed into and severely injured and mutilated girl water skier. They pulled her on boat, which continued to circle, and P's daughter watched her friend die. It was a horrific and gruesome death. P's daughter suffered traumatic emotional distrubance.

Sanchez v. American Airlines (passenger fell against P in D's airplane)

P passenger on D's plane was seated in window seat with seatbelt fastened. The pilot announced that passengers should put on their seatbelts and almost immediately the plane's wing dropped and plane bucked, throwing the passenger seated adjacent into the P who hit their head against the fuselage. [ A2 Kohler v. Aspen Airways]

Webster v. Ebright (P fell off D's horse)

P rented a horse from D stable. When out on a trial ride, the horse got its foot stuck in a root and the P was injured in her frightened attempt to dismount swiftly. [A2 Kohl v. Disneyland]

Mills v Fouts (P sued D for injuries from removing rotting fence from premises)

P renter sometimes did repair work for D landlord in exchange for reimbursement or rent reductions. P and D agreed that P should remove rotten fence pursuant to this arrangement. P injured while removing fence. A = Yania v Bigan; Heard v City of NY; Herzlich v LA County MTA; Brooks v Eugene Burger

Butterfield v. Forrester (K.B. 1809)

P rode horse extremely hard on road, and although he should have been able to see pole/obstruction that D left in road, he did not and the horse tripped on the pole causing injury to P.

Macy's California v. Superior Court (Ct. App. 1995)

P while trying on jacket at D's department store P stuck finger on hypodermic needle in pocket of jacket, and had to get an HIV test. She was told only 1/200K chance of contracting HIV, but became emotionally distressed.

Lowe v. California League of Professional Baseball (Cal. App. 1997)

P spectator at D's baseball stadium sitting in stands next to D's dinosaur mascot, whose tail touched P. P was distracted, turned towards the mascot, and then turned back to the game and was hit in the face by a foul ball. D argued that spectators are accustomed to interacting with mascots.

Thurmond v. Prince William Professional Baseball Club, Inc. (Va. 2003)

P spectator at D's baseball stadium. Warning signs posted and warning on ticket though P did not have possession of ticket. Reserved seats behind screen for fearful spectators. P and friends sat high in bleachers. P remained attentive during game, but line drive foul ball hit her directly in the face causing severe injury.

Martin, Wise & Fitzhugh v. Texas & Pacific Ry. (Tex. 1894)

P stored unpacked cottonnon the platform some distance from train tracks, waiting to get compressed for shipment. D failed to have an adequate spark arrester, and sparks escaping from the train ignited and burned the cotton.

Flynn v. City of New York (N.Y. App. Div 1984)

P superindendent was taking out garbage, was avoiding group of people and view partially obstructed, fell into hole in sidewalk caused by D's garbage trucks driving up on sidewalk. P did not see it immediately prior to accident, but knew it was there previously.

Barker v. Kallash (N.Y. 1984)

P teen was building a pipe bomb using materials from his father's workshop. He asked D1 teenage brothers to purchase firecrackers from D2 9-year-old. D1 purchased made purchase, extracted gunpowder and gave it to P. As P was assembling bomb, it exploded and injured his hands.

Davies v. Mann (Exch. 1842)

P tied up donkey on the side of road; D came down an incline at a "smartish pace" on his horse and wagon, failed to see it and negligently bumped into it.

Rafter v. Dubrock's Riding Academy (Cal. App. 1946)

P totally inexperienced rider rented horse from D stable and was out on a slow ride with group. D adjusted girth after mounting P. The saddle starting slipping, the horse bolted, and both P and saddle fell off.

Beeston v. Lampasona (P was injured falling down darkened stairway of apartment building owned by D)

P visited a client to fit a dress and left the client's apartment at 9:30p.m. Outside the main entrance, a set of stairs leads to a walkway on D's premises which in turn led to a public sidewalk. The stairs were totally dark from the night and because the light bulb in the fixture had been burned out (burned out for a year, client had complained to D but landlord never fixed it). P fell down darkened steps. No contractual relationship exists between P and D. Jury returned verdict for P, D appealed to Court of Appeal.

Eriksson v. Nunnink (Cal. App. 2011)

P was a 17-year-old experienced rider trained by D, her coach, for eventing competitions. Although D knew P's horse had been severely injured in a prior race, D allowed P to ride the horse in a cross-country event. D had P and her mother sign liability release before the race. The horse fell on P killing her.

Nash v. Fifth Amendment (P's gun fell to the floor and discharged killing D)

P was a date of D Bar's employee who together attended a costumed Halloween Party on a charter boat thrown by D. Underneath his ninja costume, and known only to him, P carried a semi-automatic handgun. While the couple danced the gun fell to the deck and discharged lodging a bullet into another party guest who died shortly after arrving at the hospital. D moved for summary judgment, TC granted, and P appealed.

Morgan v. Fuji Country USA, Inc. (Cal. App. 1995)

P was a regular golfer at D's course. P had previously noticed that tree protected golfers at 5th tee from errant drives from 4th tee, but D removed the diseased tree. P was struck by ball at 5th tee that was hit from 4th tee, not afforded protection of tree.

Hull v. L & A Montagnard Social Club (P's chair collapsed underneath her)

P was an invitee beano player at the D's social club, bought a beano card, and sat down in one of the metal chairs provided by the D for the players. She heard something snap and saw a bolt go flying onto to the floor. As the chair collapsed, it struck her in the back and she ruptured a disc. The dissevered bolt showed signs of metal stress. The chair was at least 30 years old, but the D's employees inspected in every 6 mos. [A2 Benedict v. Eppley Hotel and Rose v. Melody Lane]

Panso v. Triboro Coach Corp (man tripped into pothole)

P was crossing the street at the corner when he tripped and fell into a pothole that was 17"x20"x4." He fractured his hip. P argued that D used their bus stop at that corner to park their heavy buses, and knew that said buses created potholes. P also maintained that D knew of that particular pothole and that it was dangerous to pedestrians and vehicular traffic. D had made no motions towards fixing the pothole. Appealed on a summary judgment motion for D. Analogous to Buchanan v. Rose.

Sergermeister v. Recreation Corp. of America (P somehow pinched her finger on D's ride)

P was disembarking the Lovers' Coach car at Pirates' World when her finger was somehow pinched by the car's restraining gate as it closed. [A2 Smith v. Caplan]

City of Douglas v. Burden (P avoided car accident and drove into D's city's pothole)

P was driving west, when an automobile driving east swerved in front of him and cut him off. In order to avoid a collision, P had to swerve over to the other side of the road. In the process of doing so, his left rear wheel came to the edge of a pothole that D city had negligently failed to fill and P's car fell into the hole. (Grady noted this as a very close case) Appealed from verdict for P. Analogous to Elbert v. City of Saginaw.

Lipsitz v. Schechter (window screen fell on P from D's apt building)

P was employeed as a nurse-housekeeper in an apartment in the D's building. As she was leaving, one of the apartment building's window screen's fell off and injured P as she was walking below. [A2 Veltri v. Stahl]

Eldon v. Sheldon (Cal. 1988)

P was in a car accident with his cohabitating girlfriend who was ejected from the vehicle and died, sued D.

Bartolone v. Jeckovich (P involved in car crash and suffered psychotic breakdown)

P was involved in a four-car collision, and received minor injuries. He had traumatically lost his mother and sister to illness, and his own physical fitness had become so important to him that the perception of an impairment and deterioration of it caused a psychological breakdown. P had suffered from a preexisting schizophrenic illness that was exacerbated by the accident and by the time of trial was in a chronic paranoid schizophrenic state. P appealed on trial court ruling for D N.O.V. Analogous to Steinhauser v. Hertz, Hastie v. Handeland.

Lucchese v. San Francisco-Sacramento R.R. (D train used insufficient braking power, to prevent passenger injury, and hit P's truck in a crosswalk)

P was passenger in truck. Truck was approaching a railroad crossing just as D's train was. D's engineer had no view of the road, but sounded his whistle anyway. At 200 ft from the crossing it became apparent that the truck did not intend to yield to the train and the engineer threw the dead man's grip, but the braking power was not enough and a collision ensued. P alleged that D engineer should have used his air brakes but D said he decided not to use them because it would have made an abrupt stop and could have likely injured the passengers onboard his train. TC found for P and D appealed.

Best Park & Amusement Co. v. Rollins (train crash at D's amusement park)

P was riding a scenic railway car at the D's amusement park. There were two trains moving down the tracks at the same time. The leading car was proceeding up a hill, and for some unknown reason (maybe lack of oil on its wheels) came rolling backward down the track and crashed into the train that P was riding. [A2 Reinzi v. Tilyou]

Mankey v. Wal-Mart (P slipped in motor oil in D's store)

P was shopping at D's store, picked up a case of motor oil and placed it in his cart. He went away and came back 10-15 mins later and slipped on motor oil which had leaked from a carton still on the shelf. P did not see anything on the floor before he fell. D's employee testified that she had been down the aisle 5-10 mins before the accident and did not see anything. [A2 Powell v. Hardee's]

Smithwick v. Hall & Upson Co. (P fell off unrailed platform outside icehouse)

P was working on 15-foot platform outside D's icehouse. the platform had no railing on the east side, and P's foreman told him to stay away from that side, but did not tell him why. P disregarded the instruction, and while he was working on the east side, a large part of the icehouse suddenly buckled forward on that east side, and falling bricks knocked P to the ground. D contended that P was contributorily negligent, as he would not have been knocked of if he had been on the west side where he had been told to be. Trial level. Analogous to Fitch v. Adler, Berry v. Borough of Sugar Notch.

Artrip v. E.E. Berry Equipment Co. (Va. 1990)

P wearing proper snow boots climbed over high snow bank not removed by D, cup of coffee in hand, to get to work. She was being cautious but slipped and fell. Many other people crossed snowbank without incident.

Kerber v. Sarles (foot surgery patient woke up w/o teeth)

P went to D hospital for surgery to correct a problem with her feet, and was placed under general anesthetic. When P came to, she discovered that her front teeth were missing. [A2 Ybarra v. Spangard]

Finch v. Pers (P is walking to D's car and is pushed over by a gust of wind)

P, an elderly housekeeper, was employed by elderly D. P was in good condition. One evening the weather was bad and D offered to give P a ride to the bus stop. D went to get her car and stopped at the front of the building to pick up P. P walked out and before reaching D's car P was hit by a gust of wind and fell to the ground. She fractured her wrist which prevented P from working. D moved for dismissal.

Knight v. Jewett (Cal. 1992)

P woman and D man were playing a co-ed game of peewee football. No rules discussed before game. D ran into P, who told him not to play so rough. Next play, D jumped to intercept a pass and in coming down collided with P, knocking her down and stepping on her hand. After 3 failed surgeries, P's pinky was amputated.

Derdiarian v. Felix Contracting Corp. (P burned by molten enamel vat)

P worked for a subcontractor on D's project to seal a gas main. When P arrived on site, he asked D's supervisor if he could park his truck so that it would serve as a barrier between the street and a vat of molten enamel, D told him to leave the truck where it was. A driver had an epileptic seizure because he forgot to take his medication, and crashed his car into P, who went airborne as the car hit the vat of molten enamel, and P fell back through a sea of 400-degree enamel and was severely burned. [A2 Bigbee v. Pacific Telephone & Telegraph Co; DF Doughty v. Turner Manufacturing Co.]

The D., L. & W. (D's bargee leaves and a storm unexpectedly unmoors D's barge crashing it and another ship into P's barge)

P's barge and D's barge were moored in the same harbor. By Saturday Afternoon, there was a forecast of a strong storm by Sunday. D railway company told their bargee he could take the weekend off. On Sunday the winds changed directions rapidly and undid D's barge's moorings. D's barge unmoored another ship and the combined two ships hit P's ship causing damage.The DC dismissed the libel and the plaintiff appealed.

Hennen v. Terwey (P's daughter struck in the eye by bag swinging playmate)

P's daughter attended D's camp, and was issued, along with all the other campers, a book bag containing a workbook. The children were sent outside to play under supervision. 70-year-old Father Zwicky supervised P's daughter's group, and stopped in a shed to pick up some volleyballs. While he was inside the children began to run, and one began to swing his bag. P's daughter testified that she also swung hers to signal him ot stop. He instead swung his bag at her and hit her. They were longtime friends. Appealed from jury verdict in favor of P. Analogous to Brewster v. Rankins.

Regents of University of California v. Superior Court (Roettgen) (Cal. App. 1996)

P's deceased novice rock climber was student in D universtiy's climbing class. Two rope anchor systems were set up that day on rock face by instructors. One of the systems was improperly anchored, and released rope when a large piece of mointain face shifted. P fell 90ft to his death

Williams v. Harrison (Va. 1998)

P's deceased son was racing his car through the suburbs with the D and friends. P crested a hill braked hard, D following crested hill, braked and pulled into center lane to avoid P who simultaneously turned into center lane and D collided with and killed P. No evidence that P was unaware of the danger.

Ochoa v. Superior Court (Cal. 1985)

P's son in D's juvenile hall suffered and died of pneumonia and P mother suffered emotional distress in seeing him suffer, trying to get him medical attention but was ignored and asked to leave by D's employees

McDaniel v. Sunset Manor Co. (P fell into creek after walking through hole in D's fence)

P, 2 yr old, lived with family in a federally funded housing project, Sunset Manor. Near Sunset Manor there was a creek that came close to the property's southern border fence. The banks where the accident occured at a steep vertical drop of 7-8 feet. P was found face down in the creek. The most direct route would have been thorugh the fence where there was a hole large enough for an adult to walk through and where P's brother saw P walk through. Sunset Manor conceded its fence had numerous holes and was in constant disrepair. TC entered summary judgment for D and P appealed.

Akers v. Irvine Marriott Corp. (P sued D hotel for damages from arrest for forced drunk driving)

P, an 18 yr old, drove to D's Irvine Marriot Hotel to attend his employer's party. Employer served him drinks in violation of a statute. P's co-workers saw that P was intoxicated and rendered his vehicle inoperable. Later D's security guards observed P's intoxication, spoke with P and rejected co-workers willing responsibility to hire a taxi for P or rent a room for the night and insisted that they fix P's car. Co-workers reluctantly did and D guards insisted that P operate it and leave the premises. P was apprehended in D's parking lot and arrested for driving under the influence. TC sustained D's demurrer to P's complaint and dismissed his action. P appealed.

Wells v. Finnegan (D gave P tenant a hot plate and P's daughter burned)

Ps moved into D's unfurnished apartment that had a non-working stove. D gave the Ps a hot plate to use for cooking. P was boiling water in a pot on the hot plate to make dinner, and her daughter ran into the kitchen, hit the table, knocking the boiling water over her resulting in extensive burns. [A2 Aguirre v. Adams]

Neighbarger v. Irwin Industries (Cal. 1994)

Ps private safety employees were supervising work at oil refinery. D's contractors were doing work and one used a sharp instrument to dislodge blockage in valve in violation of industry safety standards, and valve spewed liquid petroleum. Ps thougth the leak was escaping water vapor, went to close valve when petroleum ignited and burned both of them.

Campell v. Animal Quarantine Station (Haw. 1981)

Ps' dog, while quarantined by D, was left in unventilated van in the sun, and the dog died. Ps' family preoccupied with death of dog for weeks and suffered emotional distress.

Case Name

Short summary

Jezerski v. White (P hit crossing street after leaving D's car)

While P was riding in D's car, D emotionally disturbed her, and she demanded to be taken home. D let her off across the street from her house, and she was struck by an automobile while she was legally crossing the street and was more than halfway across. Trial Court sustained D's demurrer. Analogous to Seaber v. Hotel Del Coronado and Harper v. Herman.

Fleming v. Wal-Mart (D's cabinet fell on P)

While P was shopping at D's store, her husband was playing pinball in the vestibule where there was also a display of metal cabinets stacked in a high-traffic area. There was only one other person in the area, another customer, looking at the cabinets. As P was standing beside the pinball machine, one of the cabinets toppled over and fell on her. [A2 Kesewaa v. Key Food]