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Torts Keyed to Prosser
McIntyre v. Balentine
Citation:833 S.W.2d 52
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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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- 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.
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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:
Henry Douglas McIntyre (plaintiff) left a truck stop parking lot early one morning. As he entered the highway, his pickup truck was struck by Clifford Balentine’s (defendant) tractor. McIntyre, who had been drinking the previous evening, had a blood alcohol level of .17 percent at the time of the accident. Balentine, meanwhile, had been traveling in excess of the posted speed limit. McIntyre was severely injured as a result of the collision and brought suit against Balentine for negligence. Balentine alleged that McIntyre was contributorily negligent because he had driven while still intoxicated. At trial, the jury found both McIntyre and Balentine to be equally at fault and ruled in favor of the latter. McIntyre appealed, alleging that the trial court erred in refusing to provide a jury instruction on the doctrine of comparative negligence.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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