Confirm favorite deletion?
Torts Keyed to Dobbs
Safeway Stores, Inc. v. Nest-Kart
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
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.
- 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.