Torts Keyed to Dobbs
Edgewater Motels, Inc. v. Gatzke
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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.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- 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.
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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:
Edgewater Motels, Inc. (Plaintiff) brought an action against Gatzke and his employer, Walgreen’s (Defendants), in connection with fire damage to one of its properties caused by Gatzke’s negligently smoking a cigarette while in his motel room. The jury found Gatzke to be 60% liable, and his employer liable for the remainder. The trial judge concluded that Gatzke’s conduct did not fall within the scope of his employment, rendering a judgment notwithstanding the verdict in favor of Walgreen’s.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.