SmartBrief
Confirm favorite deletion?
Remedies Keyed to Kovacic-Fleischer, 8th
Albert v. Monarch Federal Savings & Loan Ass’n
Citation:
743 A.2d 890, 327 N.J. Super. 462 (2000)Facts
Plaintiff Tere Albert suffered personal injuries when she tripped and fell over a raised portion of sidewalk in front of commercial premises owned by defendant Monarch Federal Savings and Loan Association. Her most serious injury was carpal tunnel syndrome in her right wrist. Plaintiff brought a personal injury action against various parties including Monarch, but the other parties were dismissed and the case proceeded to trial solely against Monarch. A jury found both parties negligent, attributing thirty percent fault to plaintiff, and awarded plaintiff $50,000 for her injuries. The trial court molded the verdict and entered judgment for $35,000 plus prejudgment interest. Plaintiff’s own medical expert, Dr. Richard P. Caponetti, testified that he had performed numerous surgical procedures to relieve carpal tunnel syndrome with a good track record, that plaintiff’s treating physician had recommended surgery, and that he agreed plaintiff was in need of surgery for carpal tunnel.
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.