Nova Southeastern. Facts: A cab driver, an employee of Peerless Transportation (D), was ordered to drive at the point of an assailant's gun. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue. D did not put the emergency brake on, so … v. PEERLESS TRANSP. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), Moore v. The Regents of the University of California, Cordas v. Peerless Transp. Also, this might have been different if there were more serious injuries. P sued D in negligence. The driver was not negligent in this case, as his actions were in response to an emergency situation. Burson left his stand to go to the bathroom and did not carry his cane. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. The defendant was a chauffeur and the victim of an armed car-jacking by a fleeing robber who threatened to blow the chauffeur’s brains out. The case is entitled Cordas v. Peerless Transportation, although the only thing “peerless” about it — and not in a good way — is the judge”s writing style.Cordas was decided in … The defendant is the driver's employer. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. Cordas v Peerless Transportation. Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. Defendant paced a stack of hay near cottages owned by Plaintiff. Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. Negligence is measured according to the circumstances surrounding the event.. An action that may be negligent under normal circumstances may not be negligent under an emergency situation not of the D's making. Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, 1982 N.Y. Roberts v. State of Louisiana; ... How to Brief a Case What to Expect in Class How to Outline How to Prepare for Exams 1L Course Overviews Torts Case Briefs by Bram. Get Hodges v. Carter, 80 S.E.2d 144 (N.C. 1954), Supreme Court of North Carolina, case facts, key issues, and holdings and reasonings online today. Defendant attempted to pass Plaintiff as they were driving in their cars. Held. Relevant Facts. Get Roberts v. State of Louisiana, 396 So.2d 566 (1981), Louisiana Court of Appeals, case facts, key issues, and holdings and reasonings online today. In Cordas v. Peerless Transportation Co.,13 a taxi driver jumped from his car while it was running in order to escape a gunman who had boarded it. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Search. Negligence is defined as the failure to exercise that care and caution which a reasonable and prudent person ordinarily would exercise under like conditions or circumstances. Relevant Facts. Cordas v. Peerless Transportation Co. An act by a reasonable person that is considered negligent when done under normal circumstances is not per se negligent if performed by a reasonable person during an emergency in which he is suddenly faced with certain danger. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). Written and curated by real attorneys at Quimbee. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA. Cordas v Peerless Transportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) [ 2 ]. Poddar saw a psychologist from U of CA and he confessed that he intended to kill P. P was involuntarily committed for a short time, but was released. CORDAS V. PEERLESS TRANSPORTATION CO. City Ct. of N.Y., 27 N.Y.S.2d 198 (1941) NATURE OF THE CASE: This was an action to recover damages for negligence. A taxi driver working for the Defendant, Peerless Transportation Co. (Defendant), jumped from his taxi while it was running to escape an armed highwayman who was being pursued by his victim. AudioCaseFiles; Video. The defendant was the driver of a taxicab, and one day a man with a gun jumped into his cab and told him to drive. CASE BRIEF. The circumstances dictate what is or is not prudent action. Torts Case Briefs by Bram. D slammed on his brakes suddenly and jumped out of the car. The blasting case, was there negligence, answer is no, they did everything to prevent the blast from causing damage (use this case carefully when citing for authority) ... Cordas v. Peerless Transportation Co. 67 SUPREME COURT OF THE UNITED STATES 392 U.S. 1; 88 S. Ct. 1868 December 12, 1967, Argued June 10, 1968, Decided SYLLABUS A Cleveland detective (McFadden), on a downtown beat which he had been patrolling for many years, observed Brief Fact Summary. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co… Cordas v. Peerless. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. Robinson v. Lindsay Supreme Court of WA - 1979 Facts: P was an 11-year-old girl riding on the back of a snowmobile operated by 13-year-old boy D. In an accident, P's thumb was cut off on the snowmobile. CORDAS et al. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. Discussion. Their injuries were minor. Copyright (c) 2009 Onelbriefs.com. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. 1 TERRY v. OHIO No. The taxi company was not held liable for its driver’s actions. P sued D in negligence. Reasonable and prudent action is based on the set of circumstances under which the actions took place. 1 TERRY v. OHIO No. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. CASE BRIEF WORKSHEET Title of Case : Cordas v. Peerless Transportation Co., City Ct. of NY 1941 Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): D was a cab driver. LEXIS 1709 Facts: The chauffer driving a cab owned by Peerless Transportation abandoned his vehicle while in motion after he was threatened by his passenger, a thief, with a pistol, who was fleeing the scene of a crime. Poddar saw a psychologist from U of CA and he confessed that he intended to kill P. P was involuntarily committed for a short time, but was released. 17 : Iss. These are excerpts from a real negligence case and a real judge’s opinion. Access This Case Brief for Free With a 7-Day Free Trial Membership. Roberts v. State of Louisiana COA LA - 1981 Facts: Burson was a blind man who operated a concession stand in a post office in Louisiana. Definition . The conduct of an individual in an emergency situation cannot be measured by the same standard of care as a reasonable person in a non-emergency situation. D did not put the emergency brake on, so the cab continued to roll. All rights reserved. Some hoodlum robbed someone and ran away. LexisNexis ® Courtroom CastPowered by Courtroom View Network. 17 : Iss. This case presents the ordinary man — that problem child of the law — in a most bizarre setting. Instant Facts Cordas (P), a pedestrian, sued Peerless Transportation (D) for injuries that Cordas (P) sustained when hit by Peerless Transportation's (D) cab from which the driver jumped while a gun was held to his head. Cordas v Peerless Transportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) [ 2 ]. Trial Membership 3: Cases flashcards from Brandon P. on StudyBlue with,... 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