Black Letter Law

BLACK LETTER LAW Weaver v. Ward Instant Facts: Weaver (P) and Ward (D) were engaged in military exercises when Weaver (P) was injured as a result of Ward (D) firing his gun. Black Letter Rule: A defendant is liable for all his actions causing Injury unless the injury was caused utterly without his fault. Brown v. Kendall Instant Facts: In an attempt to separate his own dog from Brown's {Pl dog, Kendall (D) hits Brown(P) in the eye and Injures him. Black Letter Rule: An individual who during the commission of a lawful act uses ordinary care, is not liable for injuries caused to another party as a result of his act. Cohen v. Petty Instant Facts: Cohen (P), a passenger in Petty's (D) car, suffers injuries when Petty (D) loses consciousness and his car hits a tree. Black Letter Rule: A party is not liable in negligence for Injury caused by his unforeseeable and involuntary actions. Spano v. Perini Corp. Instant Facts: Spano (P) suffered property damage as a result of blasting caused by Perini Corp (D). Perini (D) was not negligent in conducting the blasting. Black Letter Rule: An individual who has sustained property damage caused by blasting may recover for his damages without a showing of negligence by the defendant. Garratt v. Dailey Instant Facts: Garratt (P) suffered injuries when Dailey(D), a five-year old boy, pulled a chair from underneath her. Black Letter Rule: A party is liable for battery when he is substantially certain that his act will result in harmful or offensive touching. Wagner v. State Instant Facts: A shopper sued the state for injuries she sustained when a mentally disabled man, accompanied by state employees charged with his supervision, grabbed her by the hair and threw her to the ground. Black Letter Rule: The tort of battery requires only the intent to make contact, not the intent to cause harm. Ranson v. Kitner Instant Facts: Kitner(D), when hunting, shot Ranson's(P) dog. thinking that it was a wolf. Black Letter Rule: Good faith mistake is not a defense to intentional torts where the defendant Intended the consequence of his act. McGuire v. Almy Instant Facts: McGuire (P), Almy's (D) care-taker, brought an action against the latter, an insane person, for injuries suffered when Almy (P) hit her with a chair. Black Letter Rule: An insane individual who Is capable of forming the Intent to strike another and acts upon that intent is liable to that Individual for the injuries suffered. Talmage v. Smith Instant Facts: Smith (D), intending to scare away two boys who were on his property aims to throw a stick at one boy but instead hits Talmage(P), the other boy, and injures him. Black Letter Rule: An individual who intends an act or consequence against one party and instead injures a third party is liable to the third party for the injuries suffered. Cole v. Turner Instant Facts: (No facts are given in this case.] Black Letter Rule : Intentional touching of another in an unreasonable and violent manner is considered battery. Wallace v. Rosen Instant Facts: During a school fire drill, Rosen (D) placed her hand on Wallace's(P) back, causing her to fall down the stairs. Black Letter Rule: A battery is the Knowing or intentional touching of one person by another in a rude, insolent, or angry manner. Fisher v. Carrousel Motor Hotel, Inc. Instant Facts: Fisher (P) sued Carousal Motor Hotel (D) for battery and assault by Carrousel's(D) employees who snatched a plate from his hands and yelled offensive words at him. Black Letter Rule: The snatching or Knocking of an object closely attached to an Individual constitutes battery even though there was no actual physical contact to the Individual's body. l de S et ux v.W de S Instant Facts: W de S (D), while in front of the house belonging to I de S (Pl and his wife (P), threw a hatchet at the wife (P) which missed her. Black Letter Rule: A defendant may be liable in assault of a plaintiff, even though there has been no actual physical invasion of the plaintiff by the defendant. Western Union Telegraph Co. v. Hill Instant Facts: Hill (P) instituted an action in assault against Western Union Telegraph Co. (D) after one of the latter's employees made improper advances towards Hill (P) who was standing across the counter from the employee. Black Letter Rule: The actual ability of the defendant to cause harmful or offensive touching is not a requirement for actionable assault. Big Town Nursing Home, Inc. v. Newman Instant Facts: Newman (PJ, a resident of Big Town Nursing Home (D), who had entered the nursing home on his own, was kept in the nursing home against his will after having attempted to leave several times. Black Letter Rule: A defendant is liable for false imprisonment when the defendant has prevented the plaintiff from leaving a certain limited area without legal justification. Parvi v. City of Kingston Instant Facts: Parvi (P) sued the City of Kingston (D) for false imprisonment because the police had taken him to the out skins of the city against his will. At trial, he testified that he could not recall anything that happened at the time in question. Black Letter Rule: A defendant is not liable for falsely imprisoning the plaintiff when thelatter was not aware of the confinement at the time it occurs. Hardy v. LaBelle's Distributing Co. Instant Facts: Hardy (P) who was falsely accused of stealing from the store where she was employed, sues her employer, LaBelle’s Distributing Co. (D) for false imprisonment. Black Letter Rule: A person cannot maintain an action for false imprisonment when no threat of force was used to compel that person to stay against his/her will. Enright v. Groves Instant Facts: Enright (P) instituted an action in false imprisonment because she was arrested by Groves (D) upon her refusal to hand him her driver's license. Black Letter Rule: A police officer is liable for false arrest when he arrests an individual without a warrant or probable cause that an offense has been committed by the individual. Whittaker v. Sandford Instant Facts: Sandford (PJ sued Whittaker (D) for false imprisonment because of the latter's refusal to provide Sandford (P) a means of getting from Whittaker's (D) boat to the shore. Black Letter Rule: Confinement of an individual to abounded area, without means of egress, can result in false imprisonment even if there is no actual physical restraint used upon the individual. State Rubbish Collectors Ass'n v. Siliznof Instant Facts: State Rubbish Collectors Ass'n (D) sued Siliznoff (P) to collect on a debt that he owed. Slliznoff (P) countersued State Rubbish (D) for causing him duress and distress. Black Letter Rule: One who causes severe emotional distress to another is liable for such emotional distress and for bodily harm resulting from it. Slocum v. Food Fair Stores of Florida Instant Facts: While a customer at Food Fair Stores of Florida(D), Slocum (P) was severely insulted by an employee which caused her to suffer a heart attack. Black Letter Rule: Conduct that causes mere emotional distress is not severe enough to allow recovery based on an independent cause of action. Harris v. Jones Instant Facts: Harris (P), claiming that his supervisor, Jones(D) constantly intentional infliction of emotional distress. Ridiculed his stuttering, sought recovery from Jones (D), under the tort of Black Letter Rule: An individual must suffer a severely disabling emotional response to the tortfeasor's conduct in order to recover damages for intentional infliction of emotional Taylor v. Vallelunga Instant Facts: Taylor(P), who saw Vallelunga (D) severely beat her father, sued Vallelunga (D) for damages for intentional infliction of emotional distress. Black Letter Rule: A third party may not recover damages for intentional infliction of emotional distress when the defendant was not aware of the third party's presence at the time that defendant's conduct was taking place and the third party did not suffer any physical injury. Dougherty v. Stepp Instant Facts: Dougherty (P) sued Stepp (D) for unauthorized and unlawful entry onto his land. Black Letter Rule: In order to maintain an action in trespass, it is not necessary that there be actual physical injury to the land. Herrin v. Sutherland Instant Facts: Herrin (P) sued Sutherland (D) in trespass for shooting a gun over the space above Herrin's (P) land. Black Letter Rule: It is trespass to pass over, or cause an object to pass over, the land of another, even if there has been no touching of the soil. Rogers v. Board of Road Com’rs for Kent County Instant Facts: Rogers (P) sought recovery for the death of her husband whose death she claims to have been caused by Board of Road Com'rs for Kent County, due to their trespass onto Rogers' property. Black Letter Rule: Trespass may be committed by the continued presence of a structure on land after the landowner has effectively terminated his consent to have the property on his land. Glidden V. Szybiak Instant Facts: Glidden(P), bitten by Szybiak's(D) dog, sues to recover for damages. Szybiak contends that Glidden (P) cannot recover because her injuries resulted from her trespass to the dog. Black Letter Rule: An individual may not maintain an action for trespass unless he has suffered actual damages as a result of the trespass. CompuServe Inc. v. Cyber Promotions, Inc. Instant Facts: A promotions company was sending unsolicited e-mail advertisements to CompuServe Internet service subscribers. Black Letter Rule: Trespass to chattels is actionable where the value or condition of the chattel is intentionally impaired. Pearson v. Dodd Instant Facts: Senator Pearson (P) instituted an action in conversion against Dodd (D), a journalist, for unauthorized photocopying of Pearson's (P) office files. Black Letter Rule: Photocopying of document, which contain information not protected by property laws ,does not constitute conversion. O'Brien v. Cunard S.S. Co. Instant Facts: O'Brien(P), a passenger on a Cunard S.S. Co. (D) ship, brings an action in assault and negligence against the latter when the doctor employed by Cunard S.S. (D) vaccinated heron board. distress. Black Letter Rule: Where consent is not expressed, an individual may rely on the other party's behavior and overt acts in order to determine whether that party has consented to the individual's conduct. Hackbart v. Cincinnati Bengals, Inc. Instant Facts: Dale Hackbart (P) sued Cincinnati Bengals (D) when Charles Clark (D), a player for the Bengals (D), struck a blow to the back of Hackbart's (P) head and neck. Black Letter Rule: An Individual is liable for the intentional striking of another during a violent game, where the rules of the sport prohibit such intentional acts. Mohr v. Williams Instant Facts: Mohr (P) sued her doctor, Williams(D), in battery and assault for operating on her left ear without her consent, during a consensual operation on her right ear. Black Letter Rule: A doctor, who has obtained the patient's consent for a specific operation may not perform another operation on the patient without his/her consent. DeMay v. Roberts Instant Facts: Roberts (P) sued De May (D), her physician, in battery for allowing his friend into Roberts' (P) presence while she was giving birth to her child. Black Letter Rule: An individual’s consent is not valid if the individual would not have consented, but for a mistaken belief about a material aspect of the conduct or transaction in question. Katke v. Briney Instant Facts: Katke (P) sued Briney (D) as a result of injuries that he suffered when he trespassed on Briney's (D) property and was shot by a mechanical spring gun placed on the property. Black Letter Rule: An owner of property may not protect his property from trespassers by use of direct or indirect force which may cause serious bodily injury or death. Bonkowsikv. Arlan's Department Store Instant Facts: Bonkowski (P) sought damages from Arlan's Department Store (D), which had falsely accused her of stealing merchandise from the store. Black Letter Rule: A merchant who reasonably believes that an individual has stolen merchandise from his/her store, may detain the Individual for a reasonable investigation of the facts. Surocco v. Geary Instant Facts: Surocco (P), a homeowner brings an action against Geary (D) for blowing up and destroying Surocco's (P) property in order to prevent the spread of fire. Black Letter Rule: An Individual who destroys another party's property In good faith, and under apparent necessity of preventing further harm to the community, is not personally liable in an action by the owner of the property destroyed. Vincent v. Lake Erie Transp. Co. Instant Facts: Vincent (P) sued Lake Erie Transp. Co. (D) for damages caused to his dock when the lane fasten edits ship to Vincent's (P) dock during a severe storm. Black Letter Rule: Appeal from action for recovery of damages. Sindle v. New York City Transit Authority Instant Facts: Sindle (P), a teenage passenger on a bus owned by New York City Transit Authority (D), sued the latter for false imprisonment which resulted when an employee of the bus company took the bus and all its passengers to the police station as a result of the passengers' vandalizing the bus. Black Letter Rule: Restraint or detention, which is reasonable under the circumstances imposed for the purpose of preventing another from inflicting personal injuries or property damage, is not unlawful. Lubitz V. Wells Instant Facts: Lubitz (P) sued Wells (D) for injuries that she sustained when the latter's on hit her with Wells' (D) golf club. Black Letter Rule: An individual cannot be held liable in negligence for risks that are not reasonably Known to him. Blyth v. Birmingham Waterworks Co. Instant Facts: Blyth (P) sued Birmingham Waterworks Co. (D) in negligence for laying water pipes which exploded in Blyth's (P) home due to the severity of the cold weather. Black Letter Rule: An individual Is not negligent if his/her conduct and precautions conform to the standard followed by a prudent or reasonable person. Pipherv. Parsell Instant Facts: When three sixteen-year-olds were driving in a pick-up, the passenger-side rider unexpectedly grabbed the wheel two times, and the second time it happened the truck left the road and Pipher (P) was injured. Black Letter Rule: When the actions of a passenger that cause an accident are not foreseeable there is no negligence attributable to the driver, but when the actions of a passenger that interfere with the drivers safe operation of his vehicle are foreseeable, the failure to prevent such conduct may be a breach of the driver's duty to other passengers or the public. Chicago, B. & Q.R. Co. v. Krayenbuhl Instant Facts: Krayenbuhl(P), bring s an action against Chicago B & Q Railroad company to recover for damages that she sustained when her ankle got stuck in the rail road turntable that the railroad company had failed to lock. Black Letter Rule: An individual using a socially beneficial yet inherently dangerous Instrument, must take reasonable precautions such that the risk of injury posed by the Instrument does not outweigh its utility. Davison v. Snohomish County Instant Facts: Davison(P) sued Snohomish County (D) for injuries he suffered when his car skidded off the road and into the guard rails which failed to protect him from falling to the ground. Black Letter Rule: A county is not negligent for failing to build safety railing where the construction of such railing would create an undue burden on the county and prevent construction of other roads. United States v. Carroll Towing Co. Instant Facts: United States (P) sued Carroll Towing Co. (D) for its negligence In handling the moorings of the ship owned by the United States(P) which caused the ship to sink. Black Letter Rule: An individual may be liable for failing to take reasonable precaution against great risk of injury even where the probability of the injury occurring Is very little. Vaughan v. Menlove Instant Facts: Vaughan (P), a cottage owner, sued Menlove (D) for the damage and destruction of his cottage, caused by a fire which started in Menlove's(D) hayrick. Black Letter Rule: The standard of care used to determine negligence is that of the reasonable person in similar circumstances and not the good faith or subjective standard adhered to by the defendant. Delair v. Mcadoo Instant Facts: Delair(P) brought an action against McAdoo (D) to recover damages sustained when the tires on McAdoo's (D) car blew up as McAdoo(D) was passing Delair(P). Black Letter Rule : A reasonable driver of an automobile should be charged with the knowledge that driving with worn tires poses a danger to other individuals on the road. Trimarco v. Klein Instant Facts: Trimarco (P), a tenant of Klein (D), sued the latter for injury that Trimarco (P) suffered when the glass shower door In his apartment broke. Black Letter Rule: Evidence of custom, common usage, and practice, although compelling, may not be used as the conclusive test of negligence. Cordas v. Peerless Transportation Co. Instant Facts: Cordas (P), a pedestrian sued Peerless Transportation (D) for Injuries that Cordas(P) sustained when hit by Peerless Transportation's (D) cab from which the driver jumped while a gun was held to his head. Black Letter Rule: The conduct of an Individual who is in an emergency situation is not measured by the standard of care of a reasonable non-emergency situation. Roberts v. State of Louisiana Instant Facts: Roberts (P) sued the State of Louisiana(D) for injuries that he sustained when he was bumped into by Burns, a blind employee of the state(D). Black Letter Rule: In determining the negligence of an individual, the court must take into consideration the physical attributes or shortcomings of the individual. Robinson v. Lindsay Instant Facts: A suit was brought on behalf of Kelly Robinson(P), an 11-year-old girl who was Injured in a snowmobile which was driven by Billy Anderson (D), a 13-year-oldboy. Black Letter Rule: A minor child engaged in the operation of machinery ordinarily used by adults is held to an adult standard of care. Breunig v. American Family Ins. Co. Instant Facts: Breunig (P) brought action against American Family Insurance Co. (D) to recover for injuries he sustained when Mrs. Veith, American Family's (D) insured, was driving on the wrong side of the highway. Black Letter Rule: Insanity is not a defense to negligent conduct where the defendant had prior warning and knowledge of his/her insanity. Heath v. Swift Wings, Inc. Instant Facts: Swift Wings (D) was sued In negligence when a plane flown by Its pilot, Fred Heath, crashed causing the death of Fred Heath's wife and children. Black Letter Rule: A professional's negligence is not determined based on the degree of ordinary care and caution exercised by professionals having the same experience and training. Hodges v. Carter Inst ant Facts: Hodges (P) sued Carter (D), an attorney, in negligence for losses that Hodges (P) suffered due to Carter's (D) failure to properly serve Hodges' (P) insurance carriers. Black Letter Rule: An attorney who has acted In good faith and in the best interests of his client is not liable in negligence for a mere error in judgment. Boyce v. Brown Instant Facts: Boyce (P) brought an action in negligence against her surgeon Brown (D) for his failure to take an x-ray of Boyce's (P) ankle on which Brown(D) had operated seven years before. Black Letter Rule: In a medical malpractice case, the plaintiff must prove the standard of care in the medical community and that the defendant's conduct departed from this standard. Morrison v. MacNamara Instant Facts: Morrison (P) brought a malpractice action against MacNamara (D), a medical laboratory, for injuries that Morrison(P) sustained when he fainted and struck his head on a blood pressure stand. Black Letter Rule: The conduct of health professionals who are certified through system of national board certification must is to be measured against nationally accepted standards of care. Pokora v. Wabash Ry. Co. Instant Facts: Pokora(P) brought an action in negligence against Wabash Ry. Co.(D) for injuries that he sustained when his car was struck by Wabash's (D) train. Black Letter Rule: An automobile driver who is crossing over railroad tracks does not, under all circumstances, have the absolute legal duty to stop the car to look for oncoming trains. Osborne v. McMasters Instant Facts: Osborne (P), administrator of the estate of the decedent, brought an action against McMasters for death of the decedent due to McMasters' (D) selling poison to the decedent without labeling it as such. Black Letter Rule: An individual who breaches a duty imposed on him by statute is liable for injuries to those whom the statute is designed to protect If the injuries resulted from his breach. Stachniewlczv. Mar-Cam Corp. Instant Facts: Stachniewicz(P) brought action against Mar-Cam Corp. (D), owner of a bar, for injuries that Stachniewicz (P) sustained as a result of a barroom brawl. Black Letter Rule: A violation of a statute or regulation constitutes negligence per se when the violation results in injury to a member of the class of persons protected by the statute or regulation and when the harm is of the Kind which the statute or regulation is designed to prevent. Perry V. S.N. and S.N. Instant Facts: A man witnessed children being abused and failed to report the abuse to authorities as required by statute. Black Letter Rule: A child abuse reporting statute does not create civil liability for one who fails to report abuse. Martin v. Herzog Instant Facts: Martin (P) brought an action against Herzog (D) alleging the death of Martin’s (P) husband as a result of Herzog driving on the wrong side of the road. Black Letter Rule: Proof of negligent conduct, without a showing of causal connection between the conduct and injury suffered, Is not enough to impose liability on the party whose conduct was negligent. Zeniv. Anderson Instant Facts: Zeni (P), a pedestrian walking on the street with her back to the traffic, sued Anderson (D) for injuries that Zeni(P) suffered when Anderson (D) hit Zeni(P) with her automobile. Black Letter Rule: The violation of a statute which is found to apply to a particular set of facts creates a presumption which can be rebutted by a showing of an adequate excuse or justification for violation of the statute. Goddard v. Boston & Maine R.R. Co. Instant Facts: Goddard (PJ brought an action In negligence against Boston& Maine R.R. Co. (D) for injuries he suffered when he fell on a banana peel on the platform at the train station. Black Letter Rule: In a negligence action, In order to avoid a directed verdict, the plaintiff must provide sufficient evidence from which reasonable jurors could infer that the defendant was engaged in negligent conduct and that his negligence caused the plaintiff's injury. Byrne v. Beadle Instant Facts: Byrne (P) brought action in negligence against Beadle (D) for injuries suffered when a barrel of flour rolled out of Beadle's(D) shop and fell on Byrne(P). Black Letter Rule: A plaintiff need not provide evidence of negligence on the part of the defendant when the mere fact of the accident or injury having occurred Is evidence of negligence of the defendant. Larson v. St. Francis Hotel Instant Facts: Larson {P) sued St. Francis Hotel (D)for injuries suffered when Larson (P) was struck by an armchair flying out of St. Francis Hotel's(D) window. Black Letter Rule: The doctrine of res ipsa loquitur does not apply in a case where the plaintiff's Injury could be attributable to more than one cause, some of which are not within the exclusive control and management of the defendant. Cruz v. Daimler Chrysler Motors Corp. Instant Facts: The air bags In a minivan spontaneously deployed when the owner was cleaning the vehicle and he sued the seller, among others, for his injuries, claiming that negligence was established under the doctrine of res ipsa loquitur. Black Letter Rule: The doctrine of res ipsa loquitur permits an inference of negligence when the event is of a kind that ordinarily does not occur in the absence of negligence; other responsible causes, including the conduct of the plaintiff and third parties, are sufficiently eliminated by the evidence; and the indicated negligence is within the scope of the defendant’s duty to the plaintiff. Perkins v. Texas and New Orleans R. Co. Instant Facts: Perkins (P), widow of the decedent, sought damages for the death of her husband caused when the Texas and New Orleans R. Co.’s (D) train struck the car in which the decedent was riding. Black Letter Rule: Negligence is the cause in fact of injury to another if it is a substantial factor in causing the harm. Reynolds v. Texas & Pac. Ry. Co. Instant Facts: Reynolds (P) and his wife sought damages against Texas & Pac. Ry. Co. (D) for injuries suffered when the wife (P) fell down the stairs at the railroad station. Black Letter Rule: Where the negligence of a defendant greatly increases the chances of an accident giving rise to the plaintiff’s injury, the possibility that the accident could have happened without the negligence does not break the chain of causation. Gentry v. Douglas Hereford Ranch, Inc. Instant Facts: A man at a ranch stumbled and fell while carrying a rifle. The fall caused the rifle to fire and shoot a woman in the head. Black Letter Rule: Evidence that defendant’s conduct was a cause in fact of the accident must be offered to make a negligence case. Kramer Service, Inc. v. Wilkins Instant Facts: Wilkins (P) brought an action against Kramer Services (D) for injuries suffered when a piece of glass from a door in Kramer Services’ (D) hotel fell on Wilkins’ (P) forehead. Black Letter Rule: In order to impose liability on a defendant, it is not sufficient that the plaintiff prove that the defendant’s negligence and the plaintiff’s injury co-existed or that the injury came after the negligent conduct of the defendant. Smith v. Providence Health & Services Instant Facts: Smith (P) alleged that the negligence of Providence Health (D) deprived him of treatment that had a 33% chance of no or reduced complications. Black Letter Rule: The loss of a substantial chance of a better medical outcome can be a cognizable injury in a common-law claim of medical malpractice. Daubert v. Merrell Dow Pharmaceuticals, Inc. Instant Facts: Daubert (P) proffered expert testimony that Bendectin may have caused his birth defects. Black Letter Rule: When considering the admissibility of expert scientific testimony, the court must first determine whether the experts’ testimony reflects “scientific knowledge,” whether their findings are “derived by the scientific method,” and whether their work product amounts to “good science;” and secondly, the court must ensure that the proposed expert testimony is “relevant to the task at hand,” i.e., that it logically advances a material aspect of the proposing party’s case. Hill v. Edmonds Instant Facts: Hill (P), a passenger in Edmonds’ (D) car, brought an action in negligence against Edmonds (D) and Bragoli (D) for injuries suffered when Edmonds’ (D) car collided with Bragoli’s (D) truck, which was parked in the road. Black Letter Rule: Where separate acts of negligence combine to produce a single injury, each tortfeasor is liable for the entire result even though his act alone may not have caused the result. Summers v. Tice Instant Facts: Summers (P) sued Tice (D) and Simonson (D) for injuries sustained by a bullet negligently shot from Tice (D) or Simonson (D). Black Letter Rule: Where two defendants are negligent toward the plaintiff, but only one defendant’s negligence has caused the plaintiff’s injury, the plaintiff may recover from both defendants even though the plaintiff is unable to show which defendant actually caused the plaintiff’s injury. Sindell v. Abbott Laboratories Instant Facts: Sindell (P) sued Abbot Laboratories (D) and four other drug manufacturers, alleging that Sindell’s (P) cancer was the result of Sindell’s (P) mother’s consumption during pregnancy of a drug manufactured by Abbot (D) and the other laboratories. Black Letter Rule: Where more than two defendants have negligently produced a drug causing the plaintiff’s injury, the latter may recover from the defendants even though the plaintiff does not prove which defendant’s drug was the direct cause of the plaintiff’s injury. Ryan v. New York Central R.R. Co. Instant Facts: Ryan (P) brought action against New York Central R.R. Co. (D) (“Railroad”) for the destruction of Ryan’s (P) house by a fire started by Railroad (D). Black Letter Rule: A defendant is only liable for the ordinary and natural results of his negligent conduct. Bartolone v. Jeckovich Instant Facts: Bartolone (P) sued Jeckovich (D) for injuries that Bartolone (P) suffered subsequent to an automobile accident with Jeckovich (D) for which the latter was found liable. Black Letter Rule: A defendant is liable to the plaintiff in damages for the aggravation of plaintiff’s pre-existing illness due to the defendant’s negligent conduct. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. Instant Facts: Polemis (P) entered into arbitration with Furness (D) to recover damage to a ship that Furness (D) had chartered from Polemis (P). Black Letter Rule: Where it is reasonably foreseeable that the defendant’s negligent conduct would cause damages to the plaintiff, the defendant is liable even though the exact extent of the damages is not foreseeable. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. “Wagon Mound No. 1” Instant Facts: Morts Dock & Engineering Co., Ltd. (P) (“Morts Dock”) sued Overseas Tankship (U.K.) Ltd. (D) (“Overseas”) for the fire that destroyed Morts Dock’s (P) wharf. Black Letter Rule: A defendant is not liable for unforeseeable consequences of his negligent conduct, even though they were the direct result of defendant’s conduct. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. “Wagon Mound No. 2” Instant Facts: Miller Steamship Co. (P) (“Miller”) sued Overseas Tankship (U.K.) Ltd. (D) (“Overseas”) for destruction of Miller’s (P) ships due to a fire. Black Letter Rule: The foreseeability of the consequences of a defendant’s actions depend on the balancing between the likelihood of risk and the magnitude of damages flowing therefrom. Palsgraf v. Long Island R.R. Co. Instant Facts: Palsgraf (P) sued Long Island R.R. Co. (D) (“the railroad”) for the injuries sustained when a package fell out of the hand of one of the train passengers and exploded. Black Letter Rule: A defendant owes a duty of care only to those plaintiffs who are in the reasonably foreseeable zone of danger. Yun v. Ford Motor Co. Instant Facts: Yun’s (P) father, Chang, was struck and killed by a car when he ran across two busy freeway lanes to retrieve a spare tire which fell off his car. Black Letter Rule: When the court determines that an injury was not reasonably, foreseeably caused by the defendant, the issue of proximate cause may be taken away from the jury. Derdiarian v. Felix Contracting Corp. Instant Facts: Derdiarian (P) sued Felix Contracting Corp. (D) (“Felix”) for injuries that he sustained when a car ran over the ditch in which Derdiarian (P) was working. Black Letter Rule: Where the act of a third party intervenes between the defendant’s negligent conduct and the plaintiff’s injury, the causal connection is not severed if the intervening act is a normal and foreseeable consequence of the risk created by the defendant’s negligent conduct. Griffith v. Valley of the Sun Recovery Bureau: “since this case is a case in which reasonable minds could differ and in which the foreseeability of harm varies as a result of factual distinctions, we hold that a jury question was presented as to whether a reasonable man could have foreseen that his actions were creating a confrontation where someone could be injured or whether the actions of the neighbor were a superseding event. Doss v. Big Stone Gap, Virginia: p is struck by airplane on detour road- sues town -ct held the proximate cause of the injury was the act of the aviator and not the town, the death of p was not the “natural and probable consequence” of the alleged negligence of the town. It could not have been foreseen that an injury to anyone would probably have been suffered as a result of the alleged negligent acts of the town complained of.