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Torts Keyed to Underwood
Poyner v. Loftus
Citation:694 A.2d 69 (D.C. Ct. App. 1997)
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*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. Review the Facts of this case here:
One day, the plaintiff was traveling to a dry cleaning business that was owned by one of the defendants. The plaintiff, who suffered from glaucoma, was unable to see more than six to eight feet in front of him. Therefore, the plaintiff was legally blind. The entrance to the cleaners was adjacent to an inclined platform. The plaintiff had apparently walked by the area on multiple occasions. During these previous occasions, there were apparently some bushes along the edge of the platform, which provided a natural barrier, which would prevent the plaintiff from falling. However, one of these bushes was later moved. The plaintiff testified that on the date of the accident, he was walking along the elevated area and thought he heard someone call his name. The plaintiff turned his head to the right but continued to walk forward to the location at the end of the platform where he thought a bush would be. However, because there was no bush, the plaintiff fell, suffering personal injuries.
- 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.