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Torts Keyed to Henderson
Ybarra v. Spangard
Citation:
25 Cal. 2d 486, 154 P.2d 687 (1944)
ProfessorMelissa A. Hale
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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.
- 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. Review the Facts of this case here:
Joseph Ybarra experienced abdominal pain and went to see Dr. Tilley at a hospital owned by Dr. Swift, who diagnosed him as appendicitis. Dr. Tiley then let Dr. Spangard to perform the surgeon. Ybarra was wheeled into the operating room by nurse Gisler, and then Dr. Reser adjusted Ybarra’s body on the operating table and administered the anesthetic that put Ybarra unconscious. After the surgery, Ybarra was attended by nurse Thompson. When Ybarra awoke, he suffered from pain and partial paralysis of his right shoulder and arm. Despite further treatments given by Dr, Tilley, Ybarra’s injury did not recover.
Ybarra consulted two other doctors who determined that Ybarra’s condition was due to injury by pressure. Ybarra sued Dr. Tiley, Dr. Spangard, Dr. Swift, Dr. Reser, and nurses Gisler and Thompson, alleging the negligence of somebody among them caused the injury.
- 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.
7m 12s