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Torts Keyed to Prosser
Maloney v. Rath
Citation:
69 Cal.2d 442, 445 P.2d 513, 71 Cal.Rptr. 897Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- 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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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
Maloney (plaintiff) was driving when her vehicle was suddenly struck by Rath’s vehicle (defendant). Rath’s brakes were defective, and her car failed to brake before colliding with Maloney. Three months before the collision, Rath had her brakes overhauled by a mechanic. However, the brake repair was performed negligently. Maloney sued Rath for damages to recover for injuries resulting from the accident. The trial court found that Rath had no reason to know her brakes were defective. The court attributed the cause of the accident to the mechanic’s negligent repair of Rath’s car. The court rendered a judgment in favor of Rath. The trial judge denied Maloney’s motion for judgment notwithstanding the verdict on the issue of liability. Maloney appealed.
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