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Torts Keyed to Epstein
Gyerman v. United States Lines 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:
Plaintiff was injured while unloading fishmeal sacks for Defendant. Fishmeal is very difficult cargo to handle. Plaintiff had been assigned to break down the fishmeal sacks. Before he started, he noted that the sacks were not properly arranged. Plaintiff complained to Noel, Defendant’s chief marine clerk, that is was dangerous to proceed with the work in question. Plaintiff was told that there was nothing that could be done about it. Plaintiff did not speak to his own supervisor, even though the union contract with his employer provided that “[l]ongshoremen shall not be required to work when in good faith they believe that to do so is to immediately endanger health and safety” and established a grievance procedure “to determine whether a condition is safe or unsafe.” During the first three days, a large number of fishsacks fell, but no harm resulted. On the fourth day, twelve sacks fell simultaneously and one of them came towards Plaintiff. Plaintiff sustained injuries to his back and legs as a result of the incident. The trial judge found that Defendant was negligent in its failure to stack the fishmeal in a safe manner, and that his negligence was the proximate cause of Plaintiff’s harm. However, the court held that Plaintiff’s negligence in failing to stop work in the face of a known danger barred his cause of action. Plaintiff 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.