SmartBrief
Confirm favorite deletion?
Products Liability Keyed to Fischer, 6th Ed.
Lovick v. Wil-Rich
Citation:
588 N.W.2d 688 (1999)Facts
On May 20, 1993, Leo Lovick was preparing to cultivate a field using a Wil-Rich cultivator manufactured in 1981. The cultivator had wings that folded vertically for transportation and were secured in the upright position by hydraulic cylinders and metal safety pins. When Lovick positioned himself under the left wing to remove the pin, the wing immediately fell, causing severe injuries. Investigation revealed the linkage attaching the cylinder to the wing had broken, making the pin the only device holding the wing up. The cultivator had a warning to remove the pin before lowering the wings but did not warn against going under the wings. Wil-Rich had received reports of nine similar accidents since 1983 but did not begin adding warning labels until 1988 and did not implement a comprehensive warning program until 1994. A competitor, Deere & Company, had implemented a safety program in 1983 after learning of similar incidents with its cultivators, including notifying owners and providing safety latches.
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.