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Torts Keyed to Prosser
Zellmer v. Zellmer
Citation:164 Wash.2d 147, 188 P.3d 497
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*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. Review the Facts of this case here:
Three-year-old Ashley McLellan was the stepdaughter of Mr. Zellmer. One day, Ashley stayed home sick instead of going to daycare. Since Ms. Zellmer had to work, Ashley was placed under the supervision of Mr. Zellmer. He started a video for Ashley in her bedroom while he built a fire downstairs. He realized an hour later that Ashley was no longer in her room. He saw that the sliding glass door leading to the backyard was open. He found Ashley in the swimming pool, pulled her out, and called 911. Ashley died two days later. Ms. Zellmer and Ashley’s biological father, Mr. McLellan, filed a suit against Mr. Zellmer for wrongful death. They alleged several causes of action against Mr. Zellmer, including negligent supervision. Mr. Zellmer moved for summary judgment, claiming that he was shielded from liability because he stood in loco parentis to Ashley. Ms. Zellmer disputed Mr. Zellmer’s characterization of his relationship as a parent to Ashley. The trial court granted summary judgment in favor of Mr. Zellmer, and the court of appeals affirmed. Ms. Zellmer and Mr. McLellan appealed.
- 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.