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Torts Keyed to Goldberg
Martin v. Evans
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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:
Weldon Evans is a truck driver for the FORC Company. Evensdrove into a rest stop and parked his 45-foot-long tractor-trailer in what he believed was the last parking space in the row. Subsequently, Evens went to the restroom, and once he returned, no one was parked behind Evan’s truck. Evan’s climbed into the cab to make an entry in his logbook. About two minutes later, several events took place that are disputed by the witnesses. Evans asserts that he was getting ready to put the truck in reverse, as he was releasing the brakes and activating the flashers. When he released the breaks, a hissing sound emitted. Because of the angle and length of the vehicle, Evans could not see behind him. So, Evans began to slowly back up. Evans claims he was backing up more slowly than walking speed. Yet, when he was backing up, Evans felt something and saw someone waving his arms to stop then fall to the ground. Allegedly, a box truck that was driven by either Anthony Martin or Rochester Steverson was behind Evans’s vehicle. At that moment, Martin did not have a valid driver’s license. Thus, at issue was whether the men had pulled into a legal parking space. Martin was allegedly standing or walking behind Evans’s vehicle when it first started reversing, which caused Martin to be pinned against the box truck. There were conflicting recollections regarding Martin’s level of attention at the time.When Steverson backed up his truck, Martin fell to the ground, causing injury to his arm and back. Martin asserts that he did not see or hear anything to provide him any indication that Evans was going to back up.Martin brought suit against Evans and FORC for negligence. Thereafter, the jury found in defendants favor, but the trial court granted a new trial on the ground that the jury’s decision went against the weight of the evidence. Following an appeal by defendants, the appellate court affirmed. Defendants, again, 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.