Confirm favorite deletion?
Torts Keyed to Prosser
Williams v. Wilson
Facts
The Kentucky legislature enacted a statute intended to modify Kentucky law as it related to punitive damages and to redefine how punitive damages were awarded. “Departing from the traditional common law standard which permitted a jury to impose punitive damages upon a finding of gross negligence as measured by an objective standard, the new statutory [s]tandard, . . . requires a determination that the defendant acted with ‘flagrant ignorance to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm.'” Patricia Wilson (Plaintiff) was struck by a vehicle being driven by Teri Williams (Defendant). Defendant had been driving drunk. Plaintiff filed a negligence claim against the Defendant claiming damages, but was denied punitive damages pursuant to the Kentucky statute. The trial judge declared that statute unconstitutional and gave a jury instruction based on the common law standard, which required proof of “wanton or reckless disregard for the lives, safety, or property of others.”
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.