SmartBrief
0
Confirm favorite deletion?
Torts keyed to Best
Denny v. Ford Motor Co.
Citation:
639 N.Y.S.2d 250 (N.Y. 1995)Facts
Plaintiff was severely injured on June 9, 1986 when the Ford Bronco II she was driving rolled over. The accident occured when plaintiff slammed on the brakes to avoid hitting a deer who walked directly in front of the vehicle’s path.
The Ford Bronco II is designed and manufactured by defendant as a utility vehicle. A utility vehicle is typically meant for ‘off-road’ purposes and going through rugged terrain. The Ford Bronco II is specifically a ‘small utility vehicle’ which is lighter, has better fuel economy, and generally appeals to a wider consumer market than larger utility vehicles.
At trial, plaintiff showed that the Ford Bronco II had 1) a significantly higher risk of rollover accidents than ordinary passenger vehicles, 2) a low stability index due to a high center of gravity, and 3) that defendant had made minor design changes to improve the stability, but those changes did not result in a significant difference.
At trial, plaintiff also showed a marketing manual produced by defendant, This manual discussed the Bronco II’s appeal as a suburban vehicle fit for commuting. The Bronco II was able to switch between 2- and 4-wheel drive, which was particularly appealing to “women who may be concerned about driving in snow and ice with their children.”
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
11m 7sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 