XII.Supp. Supplemental Cases and Materials | Samantha Bates | January 06, 2016

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XII.Supp. Supplemental Cases and Materials

Original Creator: Jonathan Zittrain Current Version: Samantha Bates Show/Hide
    1. 1.1 Show/Hide More Conboy v. Mogeloff
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates

      A mother falls asleep at the wheel after taking medication prescribed by her doctor. Her children are injured in a subsequent car accident. Prior to the accident, the doctor had told her that she could drive after taking the medication, despite him knowing the drug was a sedative.

      Should giving advice to others be regarded as equivalent to control over them? Should courts expect individuals to control the actions of others, even if they lack the ability to do so?

    2. 1.2 Show/Hide More Kline v. 1500 Massachusetts Avenue Apartment Corp.
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates

      Kline was seriously injured when she was assaulted and robbed in the hallway of the apartment building where she lived. The incident occurred two months after another female tenant was attacked in the same hallway. Kline sued the landlord, alleging it had a duty to protect tenants from foreseeable harm by third parties on the premises.

      Should landlords have a duty to keep the common areas of their premises safe?

    3. 1.3 Show/Hide More Jacobsma v. Goldberg's Fashion Forum
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates

      Plaintiff tried to restrain a fleeing shoplifter after a store manager yelled “Stop thief”, and pointed in the plaintiff’s direction. The plaintiff suffered a dislocated shoulder while struggling with the shoplifter, who ultimately escaped. The shoplifter had attempted to steal from the store three days earlier. However, the store did not attempt to increase security measures between the two incidents. A lawsuit was filed against the store to recover plaintiff’s medical bills and lost earnings due to his injury.

      If a customer is hurt while trying to assist the employees of a store, should the store compensate him for his injuries? This case also illustrates what kind of knowledge charges a property owner with the responsibility to protect its invitees from criminal acts. The court also touches upon whether an invitee’s voluntary conduct can alter his or her invitee status, and thereby change the duty owed by the owner.

    4. 1.4 Show/Hide More Hegel v. Lansam
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates

      A seventeen-year-old college student enrolls in university and becomes involved with criminals and drugs. State law required the university to maintain “law and order” on campus, and made it a crime to “contribute to the delinquency of a child”.

      Do institutions like universities have a duty to regulate the private lives of their students?

    5. 1.5 Show/Hide More J.S. and M.S. v. R.T.H.
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates

      Plaintiffs’ children were sexually abused by a neighbor for more than a year. The plaintiffs sue the neighbor’s wife, based on the argument that if she had suspected or should have suspected the abuse, she owed a duty of care to prevent it.

      In this case, the court debates whether a spouse has a duty to prevent his or her partner’s abuse of children, based solely on suspicion of abuse, or circumstances which should have led to that suspicion. To settle the debate, the court engages in a complex analysis that weighs and balances several, related factors.

    6. 1.6 Show/Hide More Brosnahan v. Western Air Lines
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates

      Defendant airlines failed to supervise and assist a passenger stowing his carry-on luggage in an overhead compartment. Consequently, the passenger dropped his bag on plaintiff’s head.

      Some courts hold that defendants will not be liable if their negligence merely creates a “condition” which makes it possible for an accident to occur. In this case, the court considers this distinction against the backdrop of the special relationship between the airlines and its passengers.

    1. 2.1 Show/Hide More Cuppy v. Bunch--"The Guidance for Drunk Friends Case"
      Original Creator: Jonathan Zittrain Current Version: Samantha Bates
      Is there an actual duty to prevent the intoxicated from driving?
      Notes:
      Bunch and White were friends who were out drinking. Testimony suggested that White knew Bunch was intoxicated and drowsy when they decided to return home. Nonetheless, White suggested that the two drive home in separate cars, with White’s vehicle in the lead. Bunch’s vehicle swerved a number of times, and ultimately hit the plaintiff’s vehicle when Bunch swerved across the center line of the road.
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January 06, 2016

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Samantha Bates

Research Associate

Harvard Law School, Berkman Center

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