Confirm favorite deletion?
Torts Keyed to Prosser
Elbaor v. Smith
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. Review the Facts of this case here:
The Plaintiff suffered serious injuries as a result of an automobile accident and required significant medical attention. She was treated at various times by Dr. Syrquin, Dr. Elbaor, Dr. Stephens and Dr. Gatmaitan. Plaintiff filed medical malpractice claims against the Defendants, all four above doctors, D/FW Medical Center, and Arlington Community Hospital (ACH), (Defendants) due to a fused ankle that resulted from treatment. Prior to trial, Plaintiff settled and dismissed her claim against D/FW Medical Center and non-suited her claim against Dr. Gatmaitan. She also entered into “Mary Carter” settlement agreements with Dr. Syrquin, Dr. Stephens and ACH. The agreements provided that they would pay plaintiff a total of $425,010, remain as defendants, participate in the trial, and be paid back all or a portion of the settlement money out of the recovery against Dr. Elbaor. Dr. Elbaor requested the agreements be voided, or the settling Defendants be dismissed from trial. The tria l court denied the requests and proceeded with trial. The jury awarded Plaintiff damages in the amount of $2,253,237, allocating responsibility between Dr. Elbaor (88%) and Dr. Syrquin (12%). The trial court entered judgment against Dr. Elbaor for $1,872,848. The Court of Appeals affirmed.
- 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.