SmartBrief
Confirm favorite deletion?
Products Liability Keyed to Fischer, 6th Ed.
Broussard v. Continental Oil Co.
Citation:
433 So. 2d 354 (1983)Facts
Mildredge Broussard was employed by Crain Brothers Construction Company and working at a Continental Oil Company plant in Grand Chenier, Louisiana. On the day of the accident, Broussard and four other workers were building a sump box enclosure at the end of a natural gas vent line. Both Broussard and his supervisor, Sanders Miller, noticed natural gas escaping from the vent line. Miller requested that Conoco shut off the gas, but was informed that doing so would require shutting down the entire plant. The workers took precautions by leaving cigarettes, lighters, and matches in their vehicles and placing a gasoline-powered generator at the end of two 50-foot extension cords. While Broussard was using a Black & Decker drill inside a plywood box being constructed as a concrete form, sparks from the drill ignited the natural gas fumes, causing an explosion that severely burned him. The drill’s owner’s manual contained a warning stating “DO NOT OPERATE portable electric tools in gaseous or explosive atmospheres. Motors in these tools normally spark, and the sparks might ignite fumes,” but the manual had been discarded when Miller received the drill. The drill itself had a small notice reading “CAUTION: For Safe Operation See Owner’s Manual.”
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.