FIRST WEEK ASSIGNMENTS, FALL 2023

TORTS, L512, §1

PROFESSOR GARLOCK

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 and are available online.  (You must have a hard copy of the book, and you must have the 11th edition.)  There is also a required course Supplement, which you may pick up at the law library circulation desk starting Friday, August 11th.  Ask a circulation desk staff member to give you a copy (no charge).  Also, pick up a copy of the course Syllabus at the library circulation desk and read it carefully before our first class.

Monday 8/21

1. In the course Supplement, read pp. 1-19 for class discussion and pp. 20-24 for background on the accident problem.  Pay particular attention to pp. 1-12: What procedural motions may parties make during litigation?  How do decisions made by trial judges on these procedural motions give rise to substantive rules of tort law?
2. In the casebook, read and brief Hammontree v. Jenner, 132-134, for class discussion.  What is the procedural issue before the appellate court?  What is the main substantive issue before the court?  What is a "jury instruction"?  What is the difference between "negligence" and "absolute" [or "strict"] liability and why would that matter here? 

Note: The casebook excerpt of Hammontree 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?

Should Jenner have been held liable?  Why or why not?  Did the Hammontrees have any  credible legal arguments, given the existing law in this jurisdiction?  What about policy?  Would any functions of tort law (Supp. 12-19) have been served by holding Jenner liable?

Wednesday 8/23

1. Continue discussion of Hammontree.
2. Intentional Torts: 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" [aka “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 8/24

Continue discussion of intent and battery, casebook, pp. 4-11. Also read Supplement, pp. 24-25 (Leichtman, Shaw).