SmartBrief
Confirm favorite deletion?
Torts keyed to Robertson
Thompson v. Kaczinski
Citation:
Supreme Court of Iowa, 2009. 774 N.W.2d 829.Facts
The Defendants, James Kaczinski and Michelle Lockwood, lived in a rural area on a property bordering a gravel road. During the summer of 2006, the Defendants took apart a trampoline and placed the parts in their yard, roughly thirty-eight feet from the road. They did not secure the parts as they intended to dispose of the parts at a later time. A few weeks later, on September 17, a thunderstorm moved through the area and strong gusts of wind moved the top of the trampoline from the yard to the road. Later that day, the Plaintiff, Charles Thompson, who served as a pastor, was driving from one church to another. As the Plaintiff approached the Defendants’ property, he swerved to avoid the obstruction on the road and lost control of his vehicle. As a result, his car went into a ditch and rolled several times. Around 9:40 a.m., the Defendants were woken up by the Plaintiff’s screams. When they went to investigate, they found the top of the trampoline out in the road. Defendant Lockwood dragged the part out of the road while Defendant Kaczinski helped the Plaintiff.
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
Topic Videos
Topic Outline
NegligenceTopic Refresher Course
Negligence: Duty