| | The book and workbook that match this E-Learning module are Your Rights in an Accident. There’s a lot to learn about any legal case. One good way to start is to see how the information is presented. That’s what this activity does. But it also asks you to think about what happened, and why this particular case is a good example of tort law. You might get a head start by looking back at chapter 2 in Your Rights in an Accident. That section explains the purposes of tort law, or civil law. Those ideas will help you answer some of the questions that follow. Start with this Web site on the 2004 case of Priebe v. Nelson. - Study the way this document is organized. Make a note of each of the major sections.
- Note the names of the plaintiff, and the defendants listening to the case. Note whether this is the first time the case has been heard.
- How did the original trial end? Which side requested an appeal?
- What were the immediate injuries received by the plaintiff? What long-term injuries does she claim?
- Look up the term “voir dire,” used in “Section B. Procedural History.” How did the plaintiff want to use this approach?
- Was the original trial based on negligence or on strict liability? (For a review of the legal concept of strict liability, see chapter 3 of Your Rights in an Accident.) How did this issue form the basis for an appeal?
- What more do you want to know than the reporting in this document told you about the trial?
- Do you see this as a case of negligence on the part of the dog owner? What, if any, is the responsibility of the kennel owner?
- What is the “firefighter’s rule” that the plaintiff’s lawyers tried to use? Did the court accept this argument?
- What kind of information provided here would have made for a empathetic jury? What would you have decided?
Please Note: Civil Survival cannot take the place of a lawyer. The series does not offer specific legal advice. Rather, Civil Survival is simply an educational tool intended to teach basic, general legal principals. Every real-life situation is different, and every city, county, and state has many laws that could affect your legal rights. Please do not rely on Civil Survival for real-life legal problems. If you need legal advice, there are many resources available. You can contact a lawyer or a local legal clinic. There is no guarantee that the content in this E-Learning Studio is up to date or accurate enough to be relied on instead of a lawyer. Please remember that the Civil Survival Series is not a substitute for the advice of a trained lawyer. American Association for Justice
American RadioWorks (search on “jury issues”)
California, dog bite case, Priebe v. Nelson
California, tree damage case, Adams v. Gill
Consumer Watchdog, “Senate Ethics Committee Should Ban Frist from Hospital Liability Debate, Says Ethics Complaint Filed Today” (question of damages)
Dog Bite Law, “Beware the Statute of Limitations”
FindLaw.com (search on “adoption case + professional malpractice”)
FindLaw.com (search on “California cases in tort law”)
FindLaw.com “search on “child abuse + repressed memory + statute of limitations”)
FindLaw.com (search on “personal injury + negligence + horse kicking child”)
FindLaw.com (search on “strict liability + professional malpractice + bridge failure + construction crew”)
FindLaw.com (search on “working cook + injury”)
Internet Journal of Healthcare Administration (ISPUB.com), “The Ethicality of Capping Non-Economic Damages to Control Rising Healthcare Costs”
Lahey Clinic, “Ethics and the Humanities,” a review of Sandra M. Gilbert’s Wrongful Death: A Memoir (medical malpractice)
Law.com Dictionary, legal terms
Michigan, tort law profile
New York Supreme Court, failure to complete disclosure, O’Brien v. Clark Equipment
North Carolina, personal injury case, Timothy Earl Wallen v. Riverside Sports Center Ohio, tort law profile
Online Lawyer Source, “Tort Reform”
Oregon, tort law profile
SettlementCentral.com, “Directory of Legal Information on Statute of Limitations Information for Personal Injury Insurance Claims for Motor Vehicle Accidents, Dog Bites, Premises Liability, and Claims Against Governmental Entities”
Stanford Law School, Case Studies Abstracts (search on “childhood cancer clusters in California’s Central Valley)
Stanford Law School Case Studies Collection
Texas, tort law profile
West Virginia, car accident case, Spencer and Spencer v. McClure, Davis, Harpold and Rabalais
White and Williams LLP, “Pennsylvania Supreme Court Restricts Recovery on Strict Liability Theory to a Product's Intended User”
Wisconsin Business Alumni Update, “Tort Reform: The Jury Is Still Out”
Women’s Law Forum, “The Statute of Limitations in Pennsylvania
and Repressed Memories of Childhood Sexual Abuse: Dalrymple v. Brown”
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