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Torts Keyed to Prosser
Hector v. Cedars-Sinai Medical Center
Citation:180 Cal.App.3d 493, 225 Cal.Rptr. 595
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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:
Francis J. Hector (plaintiff) suffered injury resulting from the implantation of a defective pacemaker. He brought suit for personal injury against Cedars-Sinai Medical Center (“Cedars-Sinai”) (defendant) and American Technology, Incorporated. In his complaint, Hector alleged three causes of action: (1) negligence, (2) strict liability, and (3) breach of warranty. Cedars-Sinai moved for partial summary judgment on the second and third causes of action. The trial court granted Cedars-Sinai’s motion and subsequently ordered dismissal of all three causes of action. Hector appealed to the Court of Appeals of California. On appeal, Hector argued that the trial court erred in finding defendant exempt from strict liability.
- 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.