SmartBrief
0
Confirm favorite deletion?
Torts Keyed to Prosser
DeLong v. Erie County
Citation:
89 A.D.2d 376, 455 N.Y.S.2d 887Facts
Amalia DeLong (plaintiff) resided at 319 Victoria Boulevard in Kenmore, a suburban community in Erie County, New York. One morning, DeLong dialed 911 on her telephone to solicit the county’s emergency services. She told the operator that she had heard and seen a burglar on her property. In a call that last 14 seconds, DeLong reported that her address was “319 Victoria” and pleaded with the operator to “please come right away.” The operator assured her that help was on the way. However, the operator incorrectly recorded DeLong’s address as “219 Victoria” instead of “319 Victoria.” The police were misdirected to a nonexistent address. Meanwhile, DeLong was stabbed seven times by the burglar and died as a result of her injuries. There was evidence that if there was a proper police response, then DeLong’s life might have been saved. DeLong’s estate brought suit in a wrongful death action against Erie County (defendant), who oversaw the 911 emergency telephone system in Kenmore. The trial jury awarded DeLong’s estate $200,000 in damages. Erie County appealed the jury’s award of damages.
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.
17m 8s
