SmartBrief
Confirm favorite deletion?
Torts Keyed to Prosser
Rutherford v. Owens-Illinois, Inc.
Citation:
941 P.2d 1203 (1997)Facts
Charles Rutherford worked at Mare Island Naval Shipyard from 1940 to 1980, initially as a sheet metal worker and later as an engineering technician. During his employment, especially in the early 1950s, he was exposed to significant amounts of asbestos dust while working below decks on ships. Owens-Illinois manufactured Kaylo, an asbestos-containing insulation product used extensively at Mare Island during the 1940s and 1950s. Rutherford was diagnosed with lung cancer in 1986 and died in 1988. Medical testimony established that asbestos-related lung cancer is “dose-related,” meaning the risk increases with greater exposure to asbestos fibers. Rutherford had also smoked approximately a pack of cigarettes daily for over 30 years until quitting in 1977. At trial, the court instructed the jury using Solano County’s burden-shifting instruction, which required plaintiffs to prove exposure to defendant’s product and that asbestos generally caused the injury, then shifted the burden to defendant to prove its product was not a legal cause of the injury.
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
7m 12sTopic Outline 
Topic Refresher Course 