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Torts Keyed to Henderson
Mauro v. Raymark Industries, Inc.
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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:
Roger Mauro participated in tests conducted by the New Jersey Department of Health to determine the prevalence of asbestos-related disease among plumbers and steamfitters in state institutions. During this time, Plaintiff was informed by a physician that he had bilateral thickening of both chest walls and calcification of the diaphragm. The physician told Plaintiff that his exposure to asbestos had been “significant” and that there was evidence that this exposure may increase his risk of developing lung cancer. Plaintiff was very upset upon hearing the news and subsequently consulted a pulmonary specialist every six months to find out if and when he was going to get cancer. Mauro and his wife Lois (Plaintiffs) sued Raymark Industries, Inc. (Defendant) and other manufacturers of asbestos products for future damages related to his contracting cancer. The trial court instructed the jury that there was no evidence at that time to suggest that Plaintiff would absolutely get cancer and that they could not award damages for the future, enhanced risk of developing cancer. The trial court did permit the jury to consider Plaintiff’s claims for damages caused by emotional distress related to his fear of developing cancer and for damages caused by his present medical condition and the cost for future medical surveillance. The jury awarded Plaintiff $7,500 and he appealed. The appellate court affirmed the trial court’s judgment. Plaintiff appealed to the state’s supreme court.
- 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.