SmartBrief
Confirm favorite deletion?
Torts keyed to Best
Roderick v. Lake
Citation:
778 P.2d 443 (N.M. Ct. App. 1989)Facts
Roderick was driving along a highway in San Juan County, New Mexico, when two horses darted in front of his car. As it was dark outside, Roderick had trouble seeing the horses, and his car struck the horses at considerable speed. Roderick suffered serious injuries, and he sued the owners of the horses, Edgar Lake and Roland Hohenberg, as well as the owner of the property on which the horses were kept, Robert Lake, for personal injuries.
In a bench trial, the court found that the property owner was not negligent, and dismissed the case against him. However, the court determined that the horse owners were negligent per se under San Juan County, N.M., Ordinance 10, as well as liable under the doctrine of res ipsa loquitor. In proceedings, the court determined that the horses escaped through an open gate in the fence in which they were kept, but could not determine whether Lake or Hohenberg was negligent in leaving the gate open.
Although New Mexico was at the time a several liability state, the court could not apportion fault amongst Lake and Hohenberg and declared them jointly and severally liable for Roderick’s injuries. The two 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.
Topic Resources
6m 39s
Topic Refresher Course 