TORTS 580

MICHIGAN LAW SCHOOL, FALL 2009 PROFESSOR JILL HORWITZ CONTACT INFORMATION: Office: E-mail: Assistant: Office Hours: Course meeting: READING ASSIGNMENTS: Goldberg, Sebok, & Zipursky, Tort Law: Responsibilities and Redress, 2d ed. (2008). Supplementary readings in course packet (CP). Sometimes the law holds you responsible for injuring another by imposing criminal punishment; sometimes the law makes you civilly liable to the person you injured and forces you to pay them money (and sometimes both). This course focuses on tort actions, the mechanism by which someone who has been injured seeks compensation from the person or institution that caused the injury. What counts as a legally compensable injury? And why? What is the basis of legal responsibility? You can harm someone intentionally. Or you can harm someone accidentally, by acting carelessly or (as tort law says) negligently. Or you can harm someone by your activities even when you are being as careful as you can be. If the law holds you responsible for causing harm even when you were careful, the law says you are strictly liable for your actions. How do these different standards work? What remedies are available through tort law for people who are injured? How can you defend yourself against the claim that you are responsible for an injury? Are there general principles that explain or justify or illuminate this area of the law? These are the central issues of this introduction to tort law. There are several course requirements. To succeed you must read carefully, every day, and be prepared to be called on in class. I will call on some people everyday and I will also ask for volunteers. If you must miss class or cannot prepare, please let me know ahead of time, in person or by email. I will adjust your course grade (up or down) to reflect class participation. I reward thoughtful and responsive contributions, not quantity alone. Legal Research 922 jrhorwit@umich.edu Christine Killen: ckillen@umich.edu TBD M,T,W; 10:40-11:55; 138 Hutchins Hall

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Part I: Introduction, When Should Unintended Injury Result in Liability? Walter v. Walmart Stores, Inc., pp. 4-12. A. Part II: Negligence, Liability for Physical Harms Overview 1. Elements, pp. 47-48. 2. Injury, pp. 48-50. Duty and Injury: Duty to Whom? For What? 1. Easy Cases Summarized, pp. 50-55. 2. Duty Rules Winterbottom v. Wright, pp. 55-57. Thomas v. Winchester, pp. 57-58. New York Cases, pp. 58-59. MacPherson v. Buick Motor Company, pp. 59-67. Mussivand v. David, pp. 67-73. 3. Qualified duties of Care (duty to rescue, premises liability, landowners and occupiers). a. Duty to Rescue and Protect Osterland v. Hill, pp. 76-77. Baker v. Fenneman & Brow Properties, LLC, pp. 77-88. b. Premises Liability Leffler v. Sharp ,pp. 88-97. Posecai v. Wal-mart Stores, Inc, (CP) 4. Obligations to Third Parties Tarasoff v. Regents of the University of California, pp. 119-134. Graff v. Beard, (CP) notes 3 and 4 pp. 330-331. Breach of Duty 1. The Meaning of Negligence pg. 137 Pingaro v. Rossi, pp. 147-148. Jones v. Port Authority, pp. 148-150. Campbell v. Kovich, pp.150-151. Adams v. Bullock, pp.151-152. Notes 152-157, (skip p. 152, n.1 and p. 156 n.9). 2. Judge v. Jury, Law v. Fact: Who Decides? Baltimore & Ohio R.R. Co. v. Goodman (CP) Pokora v. Wabash (CP) 3. The Reasonable Person Vaughan v. Menlove, pp. 157-160. Appelhans v. McFall, pp. 160-171. Holmes, The Common Law excerpt (CP) 4. Custom and Alternatives The T.J. Hooper, pp. 171-173. Johnson v. Riverdale Anesthesia Assocs., pp. 173-177. Largey v. Rothman, pp. 177-189. 5. Reasonableness, Balancing, and Cost-Benefit Analysis U.S. v. Carroll Towing Co., pp.189-194. Rhode Island Hospital Trust Natl Bank v. Zapata, pp.194-203. Torts - 2

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6. Proving Breach Res Ipsa Loquitur Byrne v. Boadle, pp. 203-206. Kambat v. St. Francis Hospital, pp.206-213. D. Causation, But-For 1. Introduction, pp. 217-220. 2. But-For Causation Skinner v. Square D. Company, pp. 221-231. Falcon v. Memorial Hospital, pp. 231-239. 3. Multiple Necessary and Multiple Sufficient Causes McDonald v. Robinson, pp. 239-242. Aldridge v. Goodyear Tire & Rubber Co., pp. 242-259. 4. Causation and Burden-Shifting Summers v. Tice, pp. 257-264. Proximate Cause 1. Introduction, pp. 267-268. 2. Proximate Cause, Development of Foreseeability Union Pump Co. v. Allbritton, pp.268-272. Polemis and Wagon Mound, pp. 273-277. Jolley v. Sutton (H.L. 2000), pp. 277-287. 3. Superseding Cause Britton v. Wooten (CP) 4. Palsgraff Palsgraf v. Long Island RR Co., pp. 299-314. Statutory Supplements: Negligence Per Se, Wrongful Deaths 1. Negligence Per Se Dalal v. City of NY, pp. 337-339. Bayne v. Todd Shipyards, pp. 339-342. Victor v. Hedges, pp. 342-353. 2. Wrongful Death Acts, pp.354-358, 365-369. Defenses (take 1) 1. Contributory Negligence, Comparative Responsibility Text, pp. 389-392. United States v. Reliable Transfer, pp. 393-395. Hunt v. Ohio Dept. of Rehabilitation & Corrections, pp. 395-404. 2. Assumption of the Risk Express Jones v. Dressel, pp. 404-409. Dalury v. S-K-I, Ltd., pp. 409-414. Implied Murphy v. Steeplechase Amusement Co. (CP) Smollett v. Skayting Dev. Corp., pp. 414-422 (skip notes 8 and 9). 3. Statutes of Limitations and Repose, pp. 424 (just text, not case), 430-432. 4. Immunities and other limitations Notes, pp. 432-437, 440-443. Torts - 3

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Part III: Damages, Vicarious Liability, Comparative Negligence, and Insurance How Much and Who Pays? A. Compensatory Damages 1. Smith v. Leech Brain, pp. 463-469. 2. Kenton v. Hyatt Hotels Corp, pp. 469-484. (skip pg. 481 n. 11) B. Punitive Damages 1. National By-Products v. Searcy House Moving Co. pp. 484-488. 2. Mathias v. Accor, pp. 489-502. C. Vicarious Liability: Who Writes the Check? Taber v. Maine, pp. 502-513. 1. Baptist Memorial Hospital System v. Sampson (CP) D. Joint Liability and Comparative Negligence 1. Uniform Comparative Fault Act, Iowa Code (CP) E. Insurance 1. Notes pp. 533-543, pg. 481-2, n.11. 2. Arambula v. Wells (CP) A. B. C. Part IV: Strict Liability, Property Torts, Ultrahazardous Activities Introduction 1. Notes pp. 759-60. 2. Holmes Excerpt (CP). Trespass 1. Burns Philip Food, Inc. v. Cavalea Contl. Freight, pp. 773-783. 2. Vincent v. Lake Erie ,pp. 783-791. Nuisance 1. Sturges v. Bridgman, pp. 803-812. 2. Penland v. Redwood Sanitary, pp. 812-819. 3. Coase, The Problem of Social Cost (CP) Ultrahazardous Activities 1. Rylands v. Fletcher, pp. 825-827. 2. Klein v. Pyrodyne, pp. 827-841. Part V: Products Liability A. From No-Duty to Strict Liability 1. Escola v. Coca Cola Bottling Company, pp. 843-854. B. Product Defects (Basics, Design Defects, Drugs) 1. Greenman v. Yuba Power Prods. pp. 854-860. 2. Cronin v. J.B.E. Olson Corp, pp. 860-868. 3. Grower v. Savage, pp. 868-883. 4. Cepeda v. Cumberland Engg Co., pp. 883-901. Inadequate Warnings and Instructions 1. Hood v. Ryobi , CP Part V: Intentional Torts Common Law Doctrine, Battery and Assault 1. Battery, Assault Elements, pp. 550-552 (up to first line of p. 552), 555557, 578-579. 2. Alcorn v. Mitchell, (CP) Torts - 4

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3. 4. 5. 6. B.

Allen v. Hannaford, (CP) Leichtman v. WLW Jacor Communications, (CP) Vosburg v. Putney, pp. 610-613. Cole v. Hibberd , pp. 613-621.

Intentional Infliction of Emotional Distress 1. Introduction, pp. 647-650. 2. Dickens v. Puryear, pp. 650-655. 3. Russell v. Salve Regina College, (CP) 4. 164 Mulberry Street v. Columbia University, pp. 669-678. C. 1. Defenses to Intentional Torts Consent Koffman v. Garnet, pp. 587-599. 2. Self-Defense Haeussler v. De Loretto, pp. 599-603. 3. Protection of Property Posner, Killing or Wounding to Protect a Property Interest (CP) Katko v. Briney, pp. 603-610. 4. Private Necessity Vincent v. Lake Erie Transportation Co., (revisited?)

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