Confirm favorite deletion?
Torts Keyed to Epstein
Breunig v. American Family Ins. Co
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Veith, an insured of Defendant, was driving her car when it struck a car driven by Plaintiff. Veith’s car veered across the center of the road and into Plaintiff’s lane. Defendant claimed Veith was not negligent because just prior to the collision she suddenly and without warning was seized with a mental delusion which rendered her unable to operate the car with her conscious mind. Veith told her psychiatrist that she was driving when she believed that God was taking a hold of the steering wheel and was directing her car. She saw the truck coming and stepped on the gas in order to become air borne because she knew she could fly because she thought she could fly like Batman. The jury returned a verdict for Plaintiff because they found that Veith had knowledge and forewarning of her mental delusions. More specifically, the court, despite the testimony of the psychiatrist, found that Veith had knowledge of her condition due to her past conduct. Therefore, the question was properly left for the jury. Defendant, insurance company, appealed.
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 43s