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Torts Keyed to Dobbs
D’Amario v. Ford Motor Co.
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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:
Clifford Harris, plaintiff D’Amario’s minor son, was injured when the car in which he was riding as a passenger collided with a tree and then burst into flames. After the crash, an explosion engulfed the car in flames causing Harris to lose three limbs and suffer burns to much of his body. The car was driven by a friend of Harris who was intoxicated with a BAC of .14 percent and speeding. Harris’ mother Karen D’Amario sued Ford alleging that a defective relay switch in the automobile did not disrupt the flow of power to the fuel pump, thereby causing the fire and Harris’s injuries. Ford asserted as an affirmative defense that the injuries were proximately caused by the negligence of the driver of the car. The jury returned a verdict for Ford, finding that it was not a legal cause of the injuries to Harris. Plaintiff’s appealed, taking issue with the trial court’s allowance of Ford’s fault apportionment defense and evidence introduced in support of that defense as to the driver’s actions.
- 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.