SmartBrief
Confirm favorite deletion?
Products Liability Keyed to Fischer, 6th Ed.
Gray v. Manitowoc Company
Citation:
771 F.2d 866 (1985)Facts
Earnest Gray was working as an ironworker foreman on a construction project near Port Gibson, Mississippi, when he was struck in two separate incidents by the butt end of the boom of a Manitowoc 4100W crane. These incidents occurred while Gray’s crew was changing sections of the crane’s boom, which was positioned roughly parallel to the ground (the “boom down” position). Gray was standing on the left side of the crane, supervising the operation, when the crane operator swung the lowered boom in Gray’s direction, striking him in the back. The operator’s vision to the left side was obscured by the boom in this position. Industry practice was to use signalmen on the ground to guide crane operators due to this visibility limitation. Gray argued that Manitowoc should have provided mirrors, closed-circuit television cameras, or other devices to enable the operator to see the left side of the crane.
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.