Date Name
1928 Palsgraf v. Long Island R.R. Co.
1996 Juisti v. Hyatt Corp. of Maryland Staff triggered fire alarm. D had collapsed lung as a
1991 McClenahan v. Cooley
1995 Price v. Blaine Kern Arista
1962 Mclaughlin v. Mine Safety
Appliance Co.
1983 Bigbee v. Pacific Telephone and P injured in telephone booth when hit by drunk
Telegraph
1999 ARC v. Fletcher
1991 Pace v. Ohio Dept. of
Transportation
1999 Sears v. Morrison
2003 Calva-Cerqueira v. United States P injured by Smithsonian Institution bus. Permenant
1977 Krouse v. Graham
1991 Tarpeh-Doe v. United States
2008 McMillan v. City of New York
2000 Gray v. Macklin
Trigger Facts
Fireworks are dropped at a train station, leads to
women getting injured by falling luggage scales.
result of walking multiple flights of stairs.
D left his keys in the ignition, car was stolen, police
chase led to crash that killed multiple people.
Fall while wearing giant caricature head, head had
no protection, neck and back injuries.
Fire Dept uses D brand "heat blocks" to help
resuscitate 6yr/old, causes burns. Warning label
ambiguous/ partial instructions
driver. Door stuck. Sued for design, location,
installation, maintenance.
D child died after near drowning, ARC negligent but
appeals claiming medical malpractice.
P hurt finger when car struck by snowplow,
infection resulted in loss of finger
D tipped appliance onto himself, P severely cut hand
trying to rescue.
injuries and disability etc. FTCA claim.
Mother dies in car crash husband, five children, and
neighbor, sued for injuries, emotional suffering,
wrongful death. P win 300,000. D appeals on jury
instruction.
Mother of 8yr old son, blind, in long term care
facility. Mother and child overseas while mother
works for USAID. Son injured from substandard
medical care.
P injured, quadriplegic, in ferryboat crash. Question
of damages based on life-expectancy of African-
American with spinal cord injury.
P, 15yr old girl, passenger in D car, permenant
injuries including brain damage. P expert calculated
lost income based on male income tables.
1988 Reilly v. United States Parents of baby injured during birth at Navel
hospital. US apeals damages because judge didn't
accept evidence of gender work-life difference (wm
28yrs, m 48yrs).

2003 Mathias v. Accor Economy Diversity suit, P brother and sister guests at hotel
Lodging, Inc infested by bedbugs, win $5,000 compensatory,
$186,000 each in punitive. D appeals on amount of
punitive damages

2003 State Farm Mutual Auto Ins. Co. Traffic accident, Campbell at fault, his insurer, State
v. Campbell Farm refused to settle. Campbell lost in court, sued
State Farm for bad faith, fraud, intentional infliction.
Campbell awarded $2.6m compensatory, $145m
punitive, trial judge reduced to $1m and $25m P
and D appealed Utah Sup.Court reinstated jury
award
Holding Proximate Cause Issue Notes
D not liable unforeseeable plaintiff/consequences Cardozo Opinion

In favor of P, Court Field of Danger, type (must be dissent concerning disincentiving fire
reverses Sum.J foreseeable) and manner of (doesn't alarms.
need to be foreseeable) harm
In favor of P, Court intervening criminal act, Eno got mad about cops not being held
reverses Sum.J foreseeability liable.
In favor of P, Court intervening criminal act, George Bush
reverses Sum.J foreseeability
In favor of D, Affirmed intervening negligent act Court held Firefighter knew proper use
failed to warn nurse. Dissent: Intervening
event in similar form forseeable

In favor of P, Court Foreseeability, Manner/type of harm "Foreseeability does not establish duty; it
reverses Sum.J merely defines its limits."

In favor of D, Affirmed Medical malpractice complications Medical care (good or bad) is a

rule. Exception to foresight rule. foreseeable risk of injury
Judgement in favor of The Eggshell [Thin-Skulled] Plaintiff discussion of P drug use (some bullshit)
Plaintiff Rule
In favor of P, Court D as rescued party, Rescue Doctrine "Danger invites Rescue" --Cardozo
reverses Sum.J
P, $20,000,000 in Life expectancy, work-life expectancy, Race, gender, socio-economic status of
damages. complexities in damages. victims.

In favor of D, remanded Non-pecuniary damages, Texas. Recovery for some emotional

Undervaluing death claims, LGBTQ distress but not grief or future emotional
and unmarried couples. distress.

P awarded lifetime Economic expert witnesses, Earnings …some bullshit in court about how black
earning damages (based based on race, ethnicity, gender, and this kid was. Some Plessy v. Ferguson
on average of all class in damages. adjacent nonsense.
earners).

Court rejects use of race Earnings based on race, ethnicity, Judge Weinstein dismantles the construct
and gender based life- gender, and class in damages of race (see G.M.M. v. Kimpson p. 541)
expectancy estimations. Upholds 14th Am. Equal protection)

Court starts with male Gender wage gap in earnings Canada.

income, factors in averages. "contingencies of life"
diminishing but still deductions.
existing gender wage
gap, "contingencies of
life" deduction.
In favor of P. Judge calls Gender wage gap, Work life "Homemaker damages" and the value of
D antiquated sexist, and expectancy, diminishing wage gap in unpaid work.
as matter of law not earning expectations.
obligated to accept D
estimation.

Affirms award, Standard of Culpability. Deterrence. Judge Posner 7th circuit. "High fines for
addressing reasons for Compensatory v. punitive damages littering."
punitive damages, ratio
including wealth
descrepency and low
likelihood of being
discovered.

Remanded. Punitive Due process Punitive Damages Large scale fraud by State farm revealed in
Damages excessive, Standards. Comp v. punitive damages case. On remand, Utah awarded P. $9m (a
suggests single digit ratio. Deterrence, Punishment and 9-1 ratio)
ratio comp to punitive. Reprehensibility.