Confirm favorite deletion?
Torts Keyed to Goldberg
Myers v. Heritage Enters., Inc.
Facts
Mary Prillmayer lived in a nursing home owned and run by Heritage Enterprises, Inc., Defendant. In August 2000, two certified nurse’s aides (“CNAs”) tried to transfer Prillmayer from a wheelchair to a bed by using a device, the “Hoyer lift”. As the CAN’s were trying to do so, Prillmayer fell and fractured both of her legs. Two weeks later, Prillmayer died, allegedly from causes unrelated to her fall. The executor of Prillmayer’s estate, Michael Myers, Plaintiff, brought suit against Defendant under a state statute, which imposed liability upon nursing-home facilities for any injury to residents that was the result of a “failure ….to provide adequate physical or personal care or maintenance.” At trial, the parties introduced conflicting evidence. Defendant’s case was founded on an expert witness who testified about the standard of care in using the Hoyer lift. On the last day of trial, at a jury, Plaintiff proposed that instructions on ordinary negligence be given to define the standard of care to be what a reasonably careful person would have done under the circumstances. Nonetheless, despite Plaintiff’s objection, the court chose to give Defendant’s proposed instructions on professional negligence, which states that the CNAs were professionally negligent if they failed to use the knowledge, skill, and care used by reasonably competent CNAs in similar circumstances. The instructions further provided that this determination could only be made by evaluating the expert witness’ testimony, not by relying on personal knowledge. Thereafter, the jury found for Defendant. Plaintiff appealed.
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.