Sunday, February 3, 2013

Schaffer v. Hoffman case brief

Schaffer v. Hoffman case summary
831 P.2d 897 (Colo. 1992)
Tort Law

PROCEDURAL HISTORY: Petitioner driver sought review of the decision of the Colorado Court of Appeals, which affirmed a judgment entered on a jury verdict in a damage action for injuries sustained in a collision, in favor of respondent pedestrian.

FACTS:
-The driver struck the pedestrian with his vehicle.
-The driver was under the influence of alcohol and drugs at the time of the collision.
-Subsequently, the pedestrian brought a damage action against the driver.
-At trial, the jury heard evidence of the pedestrian's prior health problems.
-The district court gave the pedestrian's requested "thin skull" instruction.
-The jury found for the pedestrian.
-The driver appealed, challenging the thin skull instruction.
-The court of appeals affirmed the jury's verdict.

HOLDING:
The court affirmed the decision of the court of appeals because a thin skull instruction was appropriately given when the driver sought to avoid liability by asserting that the pedestrian's injuries would have been less severe had the pedestrian been a normal person.

ANALYSIS:
-Under Colorado law, a tortfeasor must accept his victim as the victim was found.
-Accordingly, the pedestrian was entitled to the thin skull instruction because there was evidence in the record to support it.
-Finally, the rehabilitation counselor's job market testimony did not support the "true value" rule because the court of appeals merely noted the testimony in the context of the pedestrian's injuries.

CONCLUSION: The court affirmed the decision of the court of appeals that affirmed a judgment entered on a jury verdict in a damage action for injuries sustained in a collision, in favor of the pedestrian.

---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...