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Torts keyed to Best
Clover v. Snowbird Ski Resort
Citation:808 P.2d 1037 (Utah 1991)
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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:
Margaret Clover was struck by Chris Zullinger on the slopes of Snowbird Ski Resort when Zullinger went over a well-known crest frequented by ski jumpers. Zullinger, an employee of Snowbird, was on his way from inspecting a restaurant at the top of the slopes and on his way to the plaza at the bottom of the slopes, disregarded a sign that warned skiiers to be “slow” in the area of the crest. Clover suffered major injuries as a result of the collision.
Clover sued both Zullinger and Snowbird for her injuries. Although Clover settled with Zullinger, she maintained her claim that Snowbird failed to maintain a standard of safety toward its patrons by failing to block off the dangerous ski crest or better warn skiiers of the dangers of the area. Snowbird was granted summary judgment on grounds that Utah’s Inherent Risk of Skiing Statute precluded Clover’s claims against the resort, and Clover appealed.
- 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.