Friday, October 10, 2014

Zeni v. Anderson case brief summary

Zeni v. Anderson case brief summary

F: The P was walking in a roadway facing away from traffic on a snowy day when the sidewalk was impassible. The D hit her. The P sued, but the D claimed that the P’s conduct constituted contributory negligence because it was a violation of statute to fail to use the sidewalk or to walk in the street facing towards traffic. The jury found for the P but the verdict was reversed on appeal. Then, P appealed
I: Whether P is liable for negligent
R: Per se Neg. may be rebutted if it can be shown that the violation is excusable or justificable.
The court finds that the statute that is relevant to the current case gives the jury a clear guideline for determining whether the P was negligent and whether such negligence contributed to the P’s injury. The court concludes that the jury was correctly and adequately instructed.
C: Reverses the decision of the AC and affirms the jury verdict.

5. Proof of Negligence
(1) Court and Jury: Circumstantial evidence

Burden of Proof: in negligence cases, P bears the “burden of proof.” P must prove each element by a “preponderance of the evidence.”
Weak CircumstantialEvidence(Banana Cases)

  1. [Goddard v. Boston & Maine R.R. Co. - Man slips on banana peel on train platform. There was no evidence that the reasonable ordinary duty of care was breached.]
  2. [Anjoy v. Boston Elevated Railway Co. - Woman slips on banana peel on train platform. Banana peel was dark, gritty, sandy, flattened down. Sent to jury.]
  3. [Joye v. Great Atlantic and Pacific Tea Co. - Man slips on banana peel in supermarket. Banana was brown with dirt and sand on it. Floor went 35 minutes without the floor being swept. D wins from lack of evidence.]
  4. [Jasko v. F.W. Woolworth Co.- Woman slips on pizza dropped on floor. “storekeeper is allowed a reasonable time to discover and correct the condition"]

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