The text for this course is Epstein & Sharkey, Cases and Materials on Torts, 11th ed. (2016) only. Copies are available for purchase or rental at the CSU Bookstore. (You must have the 11th ed.!) There is also a required course Supplement, which you may pick up at the law library circulation desk during Orientation (no cost). Give your name to the library staff member who will be distributing them. Also pick up a copy of the course Syllabus at the library circulation desk, and read it carefully before our first class.

For Monday, 8/23:

(1) In the course Supplement, read pp. 1-19 for class discussion and pp. 20-25 for background on the accident problem. Pay particular attention to pp. 1-13: How do decisions made by trial judges on procedural motions give rise to substantive rules of law?

(2) In the casebook read and brief Hammontree v. Jenner, 132-134, for class discussion. What is the main issue before the appellate court? What is a "jury instruction"? What is the difference been "negligence" and "absolute" [or "strict"] liability and why would that matter here? [Note: The casebook excerpt of the case omits two points: (a) Plaintiffs' original complaint stated causes of action in both negligence and strict liability; (b) at trial, defendant Jenner testified, without contradiction, that he was properly taking his medication the day the accident occurred. If true, would that fact be legally relevant? Why?] Why do you think plaintiffs withdrew their negligence count at trial?

Wednesday, 8/25:

(1) Continue discussion of Hammontree.

(2) In the casebook, read and brief Vosburg v. Putney and notes ff. ((pp. 4-11; omit n.6). What does the term "intent" mean in the law of intentional torts? Why is Vosburg considered an intentional tort case? Do you think Putney was trying to physically harm Vosburg? If not, what was his "intent"? What is a "battery" [a.k.a. "trespass to the person"] and why was there one in Vosburg? What intent and what result would be needed today for this tort, according to the Restatement (Second) of Torts, §13, p. 9?

Thursday, 8/26:

Continue discussion of intent and battery, casebook, pp. 4-top 11. Also read Supplement, pp, 25a and 25b (Leichtman, Shaw).