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Torts keyed to Best
Malcolm v. Evenflo Co.
Citation:217 P.3d 514 (Mont. 2009)
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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:
Jessica Malcolm was given an EvenFLo “On My Way” child safety seat, model 207 by a friend while she was pregnant with Tyler. Jessica called EvenFlo to ask if the seat was safe to use. Even Flo assured her the seat was safe and not subject to any recalls.
When Tyler was 4 months old, Jessica strapped him into the “OMW” model 207 in the back seat and drove to pick up pizza and a movie with her sister. While they were driving home, a motorist heading the opposite direction swerved into her lane, forcing her off the road. Her Suburban car rolled three times, traveled down a steep incline, and stopped in a ditch. Jessica suffered no serious injury. Jessica’s sister sustained a severe head injury. The left belt hook of the “OMW” safety seat broke off during the rollover. The seatbelt slipped out from the open belt hook on the opposite side of the seat. The force of the accident then ejected the OMW and Tyler from the car, coming to a rest about 60 feet from the Suburban. Tyler was still strapped into the OMW seat. Tyler sustained severe brain trauma, resulting in death.
The Malcolms now sue EvenFLo in strict liability on a design defect theory.
- 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.