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Torts I - Richards

There is no required text for this course.  Your readings will primarily be cases and other materials posted on this WWW site, supplemented by materials from Westlaw or Lexis.  Note that I am adding study guides for some cases to help you review material we have covered and to prepare for class.

Exam Info

The exam is closed book, closed notes, nothing but what is in your head.  It will be a mixture of objective and short essay questions.  Samples of previous exams are here, but the course content varies from year to year, so do not worry if you have not seen the same material.

Class Rules:

1) Read the material.

2) Show up.

3) Pay attention.

4) Stand up and answer intelligently when called on, or at least convince me you are in the right class and have read the material.

5) Being unprepared is a bad thing.  You get two free "unprepareds" - leave a note on the podium for me by the beginning of class if you need one, and do not explain why, just your name and unprepared.  After 2, each unprepared costs you a - (minus) on your final grade.

Aug 22

Introduction to Torts

Aug 24

Vanneman v. W. T. Grant Company, 351 S.W.2d 729 (Mo 1961) - Guide to Vanneman v. W. T. Grant Company, 351 S.W.2d 729 (Mo 1961)

Aug 29

Finish Vanneman.nbsp; Read and analyze Introduction to Missouri Approved Instructions - 2.01 - 3.01 and read the basic instructions for intentional torts against persons - MAI - Battery, Assault, False Imprisonment, Malicious Prosecution.

Aug 31

Continue discussion of instructions and read Fordyce v. Montgomery, 424 S.W.2d 746, 1968 Mo. App. LEXIS 779 (Mo. Ct. App. 1968) - Guide to Fordyce v. Montgomery, 424 S.W.2d 746, 1968 Mo. App. LEXIS 779 (Mo. Ct. App. 1968)

Sept 5

Assault and battery - Martin v. Yeoham, 419 S.W.2d 937 (Mo.App. 1967) - Guide to Martin v. Yeoham, 419 S.W.2d 937 (Mo.App. 1967)

Sept 7

Intentional Torts - Study Guide I

Torts Problem Set - Intentional Torts

Sept 12

Continue discussion of materials from Sept 7

Sept 14

Finish Discussion of materials from Sept 7

Sept 19

Intentional Infliction of Emotional Distress - Kuehner v. Denny Loan Corp., 518 S.W.2d 94 (Mo.App.1974) - This is a very short case to review the tort of intentional infliction of emotional distress.

False imprisonment - Bramon v. U-Haul, Inc., 945 S.W.2d 676 (Mo.App. E.D. 1997) - this case introduces the torts related to false arrest and how they are related to false imprisonment, as well as the tort of fraudulent misrepresentation.

Sept 21

Zone of danger test for negligent emotional damages - Asaro v. Cardinal Glennon Memorial Hosp., 799 S.W.2d 595 (Mo. 1990)

Emotional distress from insect in canned food - Ford v. Aldi, Inc., 832 S.W.2d 1 (Mo.App. W.D. 1992)

Sept 26

Hale v. American Family Mut. Ins. Co., 927 S.W.2d 522 (Mo.App. 1996)

Sept 28

Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993)

Oct 3

Finish Callahan v. Cardinal Glennon.

King v. Morgan, 873 S.W.2d 272 (Mo.App. W.D. 1994)

Oct 5

Finish King v. Morgan

Vintila v. Drassen, No. 23361 (Mo.App. S.D. 06-27-2001) -  Study Guide - Statutes Setting Standard of Care - Vintila v. Drassen, No. 23361 (Mo.App. S.D. 06-27-2001)

Oct 10

Finish Vintila v. Drassen

Bradley v. Ray, 904 S.W.2d 302 (Mo.App. W.D. 1995) - Guide to Bradley v. Ray, 904 S.W.2d 302 (Mo.App. W.D. 1995)

Oct 12

Finish Bradley v. Ray

Oct 17

Sheppard by Wilson v. Midway R-1 School Dist., 904 S.W.2d 257 (Mo.App. W.D., 1995) - Guide to Sheppard by Wilson v. Midway R-1 School Dist., 904 S.W.2d 257 (Mo.App. W.D. 1995)

Oct 19

No class

Oct 24

Finish Sheppard.  We will start Wilkerson v. Mid-America Cardiology, 908 S.W.2d 691 (Mo.App. W.D. Jul 25, 1995) when we finish Sheppard.  I do not expect to get past the facts of the case on Oct 24.  Be sure to work out a timeline on what happened and when.

Oct 26

Started Wilkerson.

Oct 31

Finish Wilkerson

Nov 2

Missouri Laws On Wrongful Death and Survival - Read these carefully.

Wollen v. DePaul Health Center, 828 S.W.2d 681 (Mo. 1992) - Guide to Wollen v. DePaul Health Center, 828 S.W.2d 681 (Mo. 1992)

Nov 7

Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) - Guide to Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)

We will spend about 1/2 the class on Berkovitz, then I will introduce warranty theory and products liability.  You should read the following before class.

Restatement s 402a and 402b

UCC Warranties in Missouri

Nov 9

First Missouri products case - Keener v. Dayton Elec. Mfg. Co., 445 S.W.2d 362 (Mo. Sep 08, 1969)

Guide to Keener v. Dayton Elec. Mfg. Co., 445 S.W.2d 362 (Mo. Sep 08, 1969)

Nov 14

Finish Keener.

Animals as products (parrot fever) - Latham v. Wal-Mart Stores, Inc., 818 S.W.2d 673 (Mo.App. E.D. 1991)

Guide to Latham v. Wal-Mart Stores, Inc., 818 S.W.2d 673 (Mo.App. E.D. 1991)

Missouri Innocent Seller Law

We will start Nesselrode.

Standards for design defect-failure to warn - Nesselrode v. Executive Beechcraft, Inc., 707 S.W.2d 371 (Mo. 1986) - Guide to Nesselrode v. Executive Beechcraft, Inc., 707 S.W.2d 371 (Mo. 1986)

Nov 16

Finish Nesselrode.

Comparative fault in products liability - Egelhoff v. Holt, 875 S.W.2d 543 (1994) - Guide to Egelhoff v. Holt, 875 S.W.2d 543 (1994)

Nov 28

These last two cases are about attractive nuisance.  We will go through them pretty quickly so read them carefully when you finish your turkey.  Before you read them, however, look at: Landowner Liability - Status Classifications - Cochran v. Burger King Corp., 937 S.W.2d 358 (Mo.App. W.D. Dec 17, 1996) - just focus on what the definitions and liability issues regarding between invitees, licensees, and trespassers, which is then at issue in the attractive nuisance cases.

Crawford v. Pacific Western Mobile Estates, Inc., 548 S.W.2d 216 (Mo.App. 1977) - Guide to Crawford v. Pacific Western Mobile Estates, Inc., 548 S.W.2d 216 (Mo.App. 1977)

Finn v. Newsam, 709 S.W.2d 889 (Mo.App. W.D. 1986) - Guide to Finn v. Newsam, 709 S.W.2d 889 (Mo.App. W.D. 1986)

Standards for Landowner Liability - review sheet

Nov 30

Optional Review Session - 9:00 AM - 11:00 AM, unless we finish sooner.

Some of you have asked about the elements/instructions for intentional infliction of mental distress - see: Elements of Intentional Infliction of Emotional Distress

The best sample exam to look at is the one for Torts I - Richards Final Exam Fall 1999.  There may also be multiple choice questions.

You should know the elements of each tort we have studied.  The elements form the basis of the jury instructions, in that the jury has to find that plaintiff has evidence to support each element.  This is all there is to jury instructions - the instruction follows the elements and incorporates the specific facts at issue in the case.

You should understand how comparative fault, assumption of risk (explicit, implied, primary, and secondary) work and interrelate, and how they work in products liability cases.

You should understand how a manufacturing defect based products case differs from a design defect case, and how failure to warn cases fit into this system.