Torts Keyed to Dobbs
Safeway Stores, Inc. v. Nest-Kart
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
In January 1972, Plaintiff was injured when a shopping cart, owned by Defendant, fell on her foot causing server injuries requiring surgery. In addition to Safeway stores, Nest-Kart, the manufacturer of the carts, and Technibilt Corporation, the company that did repairs on the carts, were named in her personal injury action. She alleged that the various Defendants were responsible for her injures, citing both product liability and negligence principles. In response, Defendants claimed that Plaintiff’s own negligence was the proximate cause of her injuries. At trial, a jury returned a judgment for $25,000 against Safeway and Nest-Kart, absolving Plaintiff and Defendant Technibilt of responsibility. Specifically, the jury found Safeway responsible on both negligence and strict liability grounds; Nest-Kart the jury found liable solely on strict liability. Comparative fault was assessed at 89% against Safeway, and 20% against Nest-Kart. Safeway then moved for a contribution judgme nt against Nest-Kart, seeking 30% of the judgment against Safeway – which would have apportioned liability at 50%-50%. The trial court granted the motion and Nest-Kart appealed.
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