SmartBrief
Confirm favorite deletion?
Products Liability Keyed Owen, 8th Ed.
Madonna v. Harley Davidson, Inc.
Citation:
708 A.2d 507 (1998)Facts
Charles Madonna and Dolores Wilson were riding on a Harley Davidson motorcycle when they were involved in an accident. They filed a strict liability claim against Harley Davidson, alleging that a defective upper mounting bolt on the brake caliper caused the accident. Both parties agreed that the bolt was defective and subject to a recall. The plaintiffs claimed that the bolt fractured during operation, causing the driver to lose control. The defense argued that the bolt was working properly at the time of the accident and only fractured as a result of the crash. To support this theory, the defense presented evidence of Madonna’s intoxication, including testimony from witnesses who smelled alcohol on his breath and blood test results showing a blood alcohol level of .14%. A defense expert testified that at this level, Madonna was unfit to operate the motorcycle. The plaintiffs objected to this evidence, arguing it improperly introduced negligence concepts into a strict liability case.
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.