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Torts keyed to Best
Downing v. United Auto Racing Association
Citation:570 N.E.2d 828 (Ill. App. Ct. 1991).
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- 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.
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- 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:
Plaintiff and other pit crew members noticed a midget car driver’s vehicle “bicycling” on turns, which occurs when the vehicle’s inner tires lose contact with the racing surface. The crew members re-adjusted the vehicle during a pit stop, then pushed the vehicle back onto the track. However, yet again, they noticed the vehicle was “bicycling” and Plaintiff mentioned to fellow crew members the car should be “blackflagged” (which is a motion to the driver to return the car into the pit area).
As the car reached the turn closest to the pit area, it flipped over and skidded toward the pit crew members. Plaintiff was struck by the vehicle, dragged across the track straightaway, and pinned between the vehicle and track fence. He sustained major injuries, which required extensive post-operative care. He was the only crew member injured during the incident.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.