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Torts Keyed to Twerski
Timpte Industries Inc. v. Gish
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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:
Robert Gish (Gish), a truck driver, was responsible for hauling an open-top trailer made by Timpte Industries, Inc. (Timpte). The truck was designed to be loaded at the top, covered with tarp, and had ladders at each end of the trailer in order to view the contents of the trailer. Although Timpte displayed warnings advising people not to climb onto the top of the truck, Gish used the ladder to climb onto the top railing of the truck and fell. Gish sued Timptefor the negligent design of the trailer, claiming that the railing Gish was standing on was too thin and the top two rungs of the trailer allowed people access to the railing on the roof of the trailer. Summary judgment was granted in favor of Timpte and the court of appeals reversed.
- 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.