Torts Keyed to Prosser
Bussard v. Minimed, Inc.
Defendant Minimed, Inc. hired a pest control company to spray pesticide overnight in its facility in order to get rid of fleas. An employee, Irma Hernandez, arrived early the next morning and within a few hours, felt ill, with a headache, nausea, and tightness in her chest. She told two supervisors that she wished to go home because she did not feel well; one asked if she wanted to see the company doctor (she declined) and the other asked if she felt well enough to drive home (she said yes). One her way home, she rear-ended Plaintiff Bussard who was stopped at a red light. Plaintiff sued Hernandez for negligent driving and sued Defendant in vicarious liability under the respondeat superior doctrine, claiming that Hernandez was acting within the scope of her employment while driving home. The trial court followed the “going-and-coming” rule to find that Hernandez was not acting within the scope of her employment during her commute home.
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.