Wednesday, January 12, 2011
Those of you using Franklin, Rabin, & Green encounter Hammontree v. Jenner as the first case in the book. I happen to be teaching it today. Used to illustrate the choice between negligence and strict liability for unintended injury, the case involves the defendant having an arguably unforeseeable seizure and injuring one of the plaintiffs in her bicycle shop.
TortsProf Kyle Graham (Santa Clara) copied a number of original documents from the case, and has made them available as PDF documents.
Complaint Download Hammontree Complaint; Answer Download Hammontree Answer; Discovery Download Hammontree Discovery; MSJ Opposition Download Hammontree MSJ Opposition; MSJ Minute Order Download MSJ Minute Order; Plaintiffs' Supplemental MSJ Brief Download Plaintiff's Supplemental MSJ Brief; Defendant's Supplemental MSJ Brief Download Defendant's Supplemental MSJ Brief; Jury Trial Minute Orders Download Hammontree Jury Trial Minute Orders; Jury Trial Exhibit List Download Hammontree Jury Trial Exhibit List; Selected Proposed and Given Jury Instructions Download Hammontree Selected Proposed and Given Jury Instructions; Verdict Download Hammotree Verdict; Judgment Download Hammontree Judgment; Defendant/Respondent's Appellate Brief Download 20100714114315758