SmartBrief
Confirm favorite deletion?
Business Associations Keyed to Hwang, 3rd Ed.
Walkovszky v. Carlton
Citation:
18 N.Y.2d 414 (1966)Facts
Plaintiff John Walkovszky was severely injured four years prior when struck by a taxicab owned by defendant Seon Cab Corporation and negligently operated by defendant Marchese in New York City. Defendant William Carlton was alleged to be a stockholder of ten corporations, including Seon, each owning only two taxicabs and carrying only the minimum required liability insurance of ten thousand dollars. The complaint alleged these seemingly independent corporations were operated as a single entity with shared financing, supplies, repairs, employees, and garaging. Walkovszky asserted that this multiple corporate structure constituted an unlawful attempt to defraud members of the general public who might be injured by the cabs, and sought to hold Carlton and the other stockholders personally liable. Carlton moved to dismiss the complaint for failure to state a cause of action against him personally.
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.