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Torts Keyed to Dobbs
Derdiarian v. Felix Contracting Corp
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Dickens was driving eastbound on the thoroughfare where Plaintiff was working on an excavation. The driver suffered an epileptic seizure and lost consciousness, striking Plaintiff. The driver was undergoing treatment at the time, but had failed to take his medication that particular day. The automobile crashed through a single wooden horse-type barricade, and struck an employee of a subcontractor, who was propelled into the air. Upon landing, the employee was splattered by boiling liquid enamel from a kettle. Plaintiff and his wife sued the employer, Felix Contracting Corporation (Felix), Dickens, and the contractor for negligence, (Defendants) claiming that the employer failed to maintain a safe work site. Plaintiffs maintained that the barrier should have covered the entire width of the excavation site, and there should have been two flagmen present, as opposed to one. Felix contended that Plaintiff was injured solely as a result of Dickens’ negligence, because there was no causal link between Felix’s breach of duty and Dickens’ negligence.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.