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Torts Keyed to Franklin
Kenney v. Liston
Citation:760 S.E.2d 434 (W. Va. 2014)
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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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- 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:
Liston drove while intoxicated, badly injuring Kenney.
Kenney’s medical bills from the injury were in excess of $70,000. West Virginia law permits a plaintiff to recover necessary and reasonable medical expenses for an injury from a tortfeasor. Proof of a medical bill is prima facie evidence that the expense was necessary and reasonable.
Liston admitted liability, so the trial concerned only damages. Liston argued that damages should be limited because Kenney only paid discounted portions of the total medical bill with the rest “written off” by his medical providers.
- 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.