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Torts Keyed to Duncan
Burleson v. RSR Group Florida, Inc.
Citation:981 So.2d 1109 (Ala. 2007)
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*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. Review the Facts of this case here:
A firearm was imported by Sportarms of Florida, sold to RSR Wholesale Guns Dallas, Inc., acquired by RSR Group Florida, Inc., sold to Mack Brown d/b/a The Trading Post (defendants), and eventually purchased by Stanley Duane Burleson. While Stanley was hanging the firearm on a rack in his home, it fell from the holster, struck a desk, and discharged into his stomach. Witnesses testified that Stanley was safety conscious, had never been in a firearm accident before, and had a rule about keeping firearms in the house unloaded. An expert testified that the firearm could only be discharged if the manual safety was disengaged. Stanley died as a result of wound and his estate (plaintiffs) sued the defendants, alleging negligence under the Alabama Extended Manufacturer’s Liability Doctrine. RSR filed a motion for summary judgment, arguing that assumption of risk and contributorily negligent.
- 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.