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Torts Keyed to Epstein
Colmenares Vivas v. Sun Alliance Insurance 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:
Jose Colmenares Vivas (Husband) and his wife, Dilia Arreza de Colmenares (Wife), (Plaintiffs) arrived at the international airport in Puerto Rico. They took the escalator on their way to the Immigration and Customs checkpoint. Wife was riding on the escalator, holding on to the handrail one step above Husband. The handrail stopped but the steps continued moving. Wife lost her balance and Husband grabbed her from behind to prevent her fall. In doing so, Husband lost his balance and tumbled down the stairs of the escalator. Plaintiffs filed suit against Sun Alliance Insurance Company (Defendant), who is the liability insurance carrier for the airport’s owner and operator. Defendant brought a third-party action against Westinghouse Electric Corporation (Westinghouse) based on a maintenance contract. The trial court ruled there was no evidence that Defendant had been negligent and that the case could not go to the jury based on res ipsa loquitur because at least one of the require ments for its application, that the injury-causing instrumentality was within the exclusive control of Defendant, was not met.
- 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.