SmartBrief
0
Confirm favorite deletion?
Torts Keyed to Underwood
American Truck Leasing, Inc. v. Thorne Equipment Co.
Citation:
583 A.2d 1242 (Pa. Super. Ct. 1991)Facts
The plaintiff was the owner of a vacant building in Philadelphia. One day, a fire started from combustible trash and debris that had been allowed to accumulate on the plaintiff’s premises, the fire burned for more than eight hours before being extinguished. The fire spread across a narrow street and damaged premises owned by one Joseph A. Tartaglia. Afterward, a demolition company was hired by the city to demolish a six-story elevator shaft on Tartaglia’s land that had been damaged by the fire. During the course of the work, a portion of the elevator shaft fell upon and damaged buildings and vehicles owned by the plaintiffs. The plaintiff would argue that this damage was in part caused by the defendant’s negligence in allowing trash and debris to accumulate on her property.
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.
Topic Resources
3m 43sTopic Outline 
Topic Refresher Course 