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Torts Keyed to Prosser
Abernathy v. Sisters of St. Mary’s
Citation:446 S.W.2d 599
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- 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.
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- 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.
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- 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:
Abernathy (plaintiff) was a patient at Sisters of St. Mary’s (defendant) hospital. During his stay, Abernathy attempted to move from his bed to the bathroom. A hospital employee did not assist him as he moved. Abernathy fell and suffered multiple injuries as a result. Abernathy brought suit against Sisters of St. Mary’s for $35,000 in damages. Abernathy claimed that the failure of one of the hospital’s employees to assist him was negligence. Sisters of St. Mary’s moved for summary judgment, claiming that it was shielded from liability under the doctrine of charitable immunity. The motion was sustained and the trial court entered judgment in favor of Sisters of St. Mary’s. Abernathy appealed to the Supreme Court of Missouri.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.