Torts Keyed to Goldberg
Aikens v. Debow
Facts
Richard Aikens (plaintiff) ran a motel and restaurant that was accessed by an overpass crossing Interstate 81. In September 1996, Robert Debow (defendant) was driving a flatbed truck on I-81 for his employer, Craig Paving, Inc. (defendant), when he struck the overpass with a trackhoe loaded onto the truck that was too tall to clear the bridge, and caused substantial damage. Repairing the bridge resulted in a closure of the overpass for 19 days. In May 1997, Aikens sued Debow and Craig Paving for negligence, seeking to recover $9,000 in alleged losses caused by a reduction in patrons while the overpass was closed.Defendants moved for summary judgment on the ground that Aikens’s economic losses were not recoverable as a matter of law. A West Virginia circuit court denied defendants’ motion but presented a certified question to the state’s highest court.The West Virginia Supreme Court of Appeals considered the issue.
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.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.