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Torts keyed to Robertson
Garratt v. Dailey
Citation:Supreme Court of Washington, 1955. 46 Wash.2d 197, P.2d 1091.
ProfessorMelissa A. Hale
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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.
- 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:
Defendant, Plaintiff, and Plaintiff’s sister, Naomi Garratt were in the backyard of the Plaintiff’s home. Plaintiff claimed she came out of the house to speak with her sister and started to sit down in a wooden lawn chair when Defendant deliberately pulled the chair out from under her. The Plaintiff felt to the ground, fracturing her hip. The trial judge was unwilling to accept Naomi’s eyewitness testimony and instead adopted the Defendant’s version of what happened which was as follows:
Defendant picked up the wooden lawn chair and moved it sideways a few feet to seat himself in it, at which time he discovered the Plaintiff was about to sit down in the place where the lawn chair had been previously. He then hurriedly tried to get up from the chair and move it towards the Plaintiff to help her sit down in it. However, due to his small size and lack of dexterity, the Defendant was unable to do so quick enough to prevent her from falling to the ground. Plaintiff then fell and fractured her hip.
- 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.