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Torts Keyed to Prosser
Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of Am.
Citation:341 S.W.3d 323, 54 Tex. Sup. Ct. J. 822
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*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. Review the Facts of this case here:
Jane and Francesco Secchi (plaintiffs) owned and operated a restaurant, Italian Cowboy, that was located in a Dallas shopping center. During the lease negotiations, the property management director, Fran Powell, told the Secchis that the building was practically new and had no problems. The Secchis agreed to lease the property and began remodeling the property. The Secchis later learned that a severe odor had plagued the previous tenant. A few days later, they Secchis were again warned that there was “a very, very bad odor” on the restaurant’s site. They brought suit against Prudential Insurance Company of America and Prizm Partners (defendants).
- 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.