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Torts Keyed to Farnesworth
Ybarra v. Spangard
Citation:154 P.2d 687 (Cal. 1944)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Ybarra v. Spangard
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- 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.
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- 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:
Ybarra (Plaintiff) had his appendix removed by Spangard (Defendant) and other doctors and nurses. Plaintiff was under anesthesia during the procedure. When he woke up, he had pain between his neck and shoulder and eventually could not lift his arm. The injury was linked to trauma at the source of the pain. Plaintiff sued Defendant under a res ipsa loquitur theory.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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