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Torts Keyed to Franklin
Seffert v. Los Angeles Transit Lines
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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’s right hand and left foot were caught when the door of a bus that she was attempting to board closed suddenly. Plaintiff was then dragged for some distance before being thrown to the pavement. As a result of this incident, Plaintiff suffered severe injuries. She had nine operations and was told that she may still have to have her left foot amputated. In an attempt to save the foot, several skin grafts were performed, but Plaintiff’s left heel remained severaly disfigured and had an open and continuously draining ulcer. Doctors then severed nerves and tied off blood vessels in the foot, placing Plaintiff in an awkward cast for a month while skin from her thigh was grafted onto her foot. After all of these procedures and eight months in the hospital and treatment centers, Plaintiff remained permanently disabled and expected continued pain and medical care for the rest of her life. At the time of the accident, Plaintiff had been a 42 year-old file clerk making $375 a month. Plaintiff eventually returned to work. In her lawsuit against Defendant, the bus line, Plaintiff claimed past and future medical bills and lost earnings of $53, 903.75. She also sought $100 in pain and suffering for each of the 660 days between the accident and the trial and $2000 in pain and suffering for each of the 34 years Plaintiff was expected to live. The jury found for the Plaintiff and awarded her the $187,903.75 she sought. Defendant moved for a new trial and when the trial judge denied it, appealed, arguing that the damages awarded were excessive.
- 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.