Syllabus Torts Fall 2014
Sections 1 and 2
Professor Marianna Bettman
Office-Room 408; 556-0958
marianna.bettman@uc.edu
Text: Best Barnes Basic Tort Law. Cases, Statutes and Problems
Walters Kluwer 3rd edition
Supplemental materials on TWEN site
Syllabus subject to change with advance notice
Any material not covered on a given day will carry over to the next class period
Read the notes that follow the cases. We will discuss some, but not all of them—often the
points in the note cases will be discussed in the case in chief. We usually cover about four
cases a day, but you should always stay a few ahead.
Attendance for this class is mandatory.
Classes will not meet on the following days due to pre-existing commitments or religious
holidays. These classes will be made up as indicated. All make-up classes will be held at 1:00
in room 118.
No class Thursday August 28. Make-up class Friday September 5.
No class Thursday September 25. Make-up class Friday September 26.
Other classes may need to be rescheduled during the course of the semester.
Introduction—p.1-4, up to V. (This is the only assignment for the first class)
NEGLIGENCE-THE REASONABLE PERSON STANDARD Text 91-93
A. Defining and Justifying the “Reasonable Person” Standard p. 93
Vaughan v. Menlove p. 93 and notes
Parrot v. Wells Fargo & Co. p. 95 and notes
B. Reasonable Conduct as a Balancing of Costs and Benefits p.97
McCarty v. Pheasant Run, Inc. p. 98 and notes
THE RANGE OF APPLICATION OF THE REASONABLE PERSON STANDARD p. 102
A. Especially Dangerous Instrumentalities p. 102
Steward v. Motts p. 102 and notes
B. Emergencies p. 106
Myhaver v. Knutsen p. 106 and notes
C. An Actor’s Knowledge and Skill p. 109
Cervelli v. Graves p. 109 and notes
D. Youth: Special Treatment for Minors p. 113
Robinson v. Lindsay p. 113 and notes
E. Physical and Mental Disabilities p. 121
Poyner v. Loftus p. 121 and notes
Creasy v. Rusk p. 125 and notes
F. Recklessness p. 130
Sandler v. Commonwealth p. 131 and notes
PROVING BREACH OF DUTY P. 137
A. By Violation of a Statute p. 138
Martin v. Herzog p. 138 and note
Thomas v. McDonald p. 141 and notes
Wawanesa Mutual Insurance Co. v. Matlock p. 145 and notes
Sikora v. Wenzel p. 148 and notes
Perry v. S.N. & S.N. (TWEN)
B. By Industry Custom p. 154
The T. J. Hooper p. 155 and notes
Elledge v. Richland/Lexington School District Five p. 156 and notes
Wal-Mart Stores, Inc. v. Wright p. 159 and notes
C. By Res Ipsa Loquitur p. 161
Byrne v. Boadle p. 162 and notes
Shull v. B.F. Goodrich Co. p. 163 and notes
Ybarra v. Spangard. And notes p. 445
CAUSE IN FACT, MULTIPLE CAUSES P. 175
A. The But-For Test p. 176
Cay v. State of Louisiana, Department of Transportation and Development p. 176 and
note
Shumaker v. Oliver Cannon & Sons (TWEN)
Lyons v. Midnight Sun Transportation Services, Inc. p. 180 and notes
Alternatives to the But For Test p. 182
Kingston v. Chicago & Northwestern Railway Co. p. 183 and notes
Brisboy v. Fireboard Paper Products Corporation p. 186 and notes
Concert of Action p. 190
Shinn v. Allen p. 191 and notes
Alternate Liability p. 194
Summers v. Tice p. 195 and notes
Burke v. Schaffner p. 198 and notes
Market Share Liability p. 202
Hymowitz v. Eli Lilly and Company p. 202 and notes
Black v. Abex Corp. and notes p. 210
LIMITATIONS ON LIABILITY
A. Limitations by Duty
Introduction p. 223
Palsgraf v. Long Island Railway Co. p. 224 and notes
Hegyes v. Unjian Enterprises, Inc. p. 231 and notes
Dykema v. Gus Macker Enterprises, Inc. p. 233 and notes
Graff v. Beard p. 235 and notes
Eisel v. Board of Education of Montgomery County p. 238 and notes
J.S. and M.S.v. RTH (TWEN)
Kubert v. Best (TWEN)
B.Limitations on Liability by Proximate cause p. 243
Directness p. 244
In Re Arbitration Between Polemis and Furness, Withy & Co., Ltd. P. 244
Laureano v. Louzoun p. 245 and notes
Forseeability p. 255
Tieder v. Little p. 255 and notes
Third Restatement Position p. 268
Thompson v. Kaczinski p. 269 and notes
Behrendt v. Gulf Underwriters Insurance Co. p. 272
Superseding Causes p. 278
Price v. Blaine Kern Artists, Inc. p. 279 and notes
McClenahan v. Cooley p. 280 and notes
Weems v. Hy-Vee Food Stores, Inc. p. 285 and notes
Corbett v. Wiesband p. 3287 and notes
DEFENSES
A. Contributory and Comparative Negligence
p. 293-294 text
p. 297-298 text
McIntyre v. Balentine p. 298, and notes
Dobson v. Louisiana Power and Light Company p. 301 and notes
B. Express Assumption of Risk p. 317
Wagenblast v. Odessa School District p. 318 and notes
Turnbough v. Ladner p. 322 and notes
C. Implied Assumption of Risk p. 326
Davenport v. Cotton Hope Plantation Horizontal Property Regime p. 330 and notes
D. Immunities; Statutes of Limitations and Repose
Text p 342 (A)
Text p. 352(B)
Boone v. Boone p. 352 and notes
Broadwell v. Holmes p. 354 and notes
Text p. 359
Hanley v. Citizens Bank of Massachusetts p. 359 and notes
Kern v. St. Joseph’s Hospital p. 360 and notes
Seder v. Knowlton Construction Company p. 363 and notes
APPORTIONMENT OF DAMAGES
Text p 369-370
VICARIOUS LIABILITY P. 399
Trahan-Laroche v. Lockheed Sander, Inc. p.400 and notes
O’Connor v. McDonald’s Restaurant of Calfornia, Inc. p. 402
Santiago v. Phoenix Newspapers, Inc. p. 408 and notes
Levitt v. Peluso p. 412
PROFESSIONAL STANDARD OF CARE P. 417
Osborn v. Irwin Memorial Blood Bank) p. 417 and notes
Nowatske v. Osterloh p. 422 and notes
Vergara v. Doan p. 431 and notes
Largey v. Rothman p. 439 and notes
Moore v. Regents of University of California (TWEN)
Fishman v. Brooks p. 456 and notes
OWNERS AND OCCUPIERS OF LAND P. 465
A. Trespassers p. 465
Ryals v. United States p. 466 and notes
Merrill v. Central Maine Power Company p. 468 and notes
Bennett v. Stanley (TWEN)
Note 2, p. 473
B. Licensees and Invitees p. 475
Knorpp v. Hale p. 475 and notes
Richardson v. The Commodore, Inc. p. 480 and notes
C. Special Problems with Children
Bennett v. Stanley (TWEN)
Kopczynski v. Barger (TWEN)
D. Slip and Fall Cases p. 483
Nisivoccia v. Glass Gardens, Inc. p. 483 and notes
Armstrong v. Best Buy (TWEN)
E. Liability to Tenants and their Guests p. 496
Borders v. Roseberry p. 496 and notes
Nelson v. Freeland p. 500 and notes
Newton v. Magill p. 507 and notes
LIMITED DUTY RULES P. 513
A. Duty to Rescue or Protect p. 513
Lundy v. Adamar of New Jersey, Inc. p. 515 and notes
Wagner v. International Railway Co. (TWEN)
Tarasoff v. Regents of Univ. of California (TWEN)
Seibert v. Vic Regnier Builders, Inc. p. 491 and notes
Estate of Heck v. Stoffer (TWEN)
Rhudy v. Bottlecaps, (TWEN)
B. Firefighters’ Rule
Moody v. Delta Western, Inc. p. 524 and notes
C. Negligent Infliction of Emotional Distress and Bystander Liability p. 536
Robb v. The Pennsylvania Railroad Co., p. 537 and notes
James v. Lieb p. 541 and notes
Grotts v. Zahner p. 546 and notes
D. Pure Economic Harm p. 552
532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc. p. 552 and notes
E. Prenatal Torts p. 561
Greco v. United States p. 562 and notes
Statutes and notes p. 566-568
F. Primary Assumption of Risk p. 568
Clover v. Snowbird Ski Resort p. 568 and notes
Jones v. Three Rivers Management Corp. p. 575 and notes
G. Recreational Users
Thompson v. McNeill (TWEN)
DAMAGES (MOSTLY LECTURE)
A. Aggravation of Pre-existing condition
Schafer v. Hoffman p. 260 and notes
Text only (no cases)
Compensatory damages p. 581-82, notes 1 and 2 p. 585, General Damages p. 591, Pain and
Suffering p. 592, Hedonic Damages, p. 593, Special Damages p. 604, Punitive Damages p. 615,
Collateral Sources and Caps, p. 627
B. Damages for Wrongful Death
Jordan v. Baptist Three Rivers Hospital p. 587 and notes
INTENTIONAL TORTS
A. Battery p. 15-16
Waters v. Blackshear p. 16 and notes
Polmatier v. Russ p. 18 and notes
Leichtman v. WLW Jacor Communications, Inc. p. 28
Andrews v. Peters p. 29 and notes
B. Assault, text, p. 39-40
C. Transferred intent (lecture)
DEFENSES TO INTENTIONAL TORTS
1. Consent p. 49
McQuiggan v. Boy Scouts of America p. 50 and notes
Hogan v. Tavzel p. 53 and notes
Richard v. Mangion p. 54 and notes
2. Defense of Self and Others p. 59
Katko v. Briney (TWEN)
Slayton v. McDonald p. 59 and notes
Young v. Warren p. 62 and notes
Woodard v. Turnipseed p. 67 and notes
INTENTIONAL TORTS, CONTINUED
D. Intentional Infliction of Emotional Distress p. 73
Zalnis v. Thoroughbred Datsun Car Co. p. 73 and notes
Strauss v. Cilek p. 76 and notes
Miller v. Willbanks p. 78 and notes
Green v. Chicago Tribune Co. TWEN
E. Trespass to Land and Chattels p. 739; Conversion
Thomas v. Harrah’s Vicksburg Corp. p. 740
Baker v. Shymkiv p. 742 and notes
Koepnick v. Sears Roebuck & Co p. 746
United States v. Arora p. 748 and notes
STRICT LIABILITY P. 641
A. Animals p. 641
Clark v. Brings p. 642 and notes
Byram v. Main p. 647 and notes
B. Dangerous Activities p. 650
Rylands v. Fletcher (TWEN)
Clark-Aiken Company v. Cromwell-Wright Company p. 651 and notes
Klein v. Pyrodyne p. 656 and notes
C. Trespass to Land and Chattels 739-752
D. Nuisance
Pestey v. Cushman p. 761
Armory Park Neighborhood Ass’n v. Episcopal Community Services in Arizona p. 764
and notes