Wednesday, January 20, 2010
Ybarra v. Spangard et al- (Supreme Court of California, 1944)
When Solo attempted to contact and confront the carbonite crew on Bespin, they refused to respond to inquiries regarding his processing. Han then filed a lawsuit accusing negligence against the crew, relying on the doctrine of Res Ipsa Loquitur.
This doctrine transfers the burden of proof when three elements are satisfied: 1) the harm to the plaintiff must be of the kind which ordinarily does not occur in the absence of negligence, 2) it must be caused by an an agency or instrumentality in exclusive control of the defendant, and 3) the plaintiff must not have contributed to the negligence by voluntary action. The newly reconstructed Republic Court fully agreed, reasoning that the carbonite processing instruments were fully under the control of the bespin crew, and that Han, being fully restrained and in the hands of the Empire could not have contributed to the potential negligence.
Having satisfied all three elements, the burden then transferred to the Bespin carbonite crew to prove that they were NOT negligent in treating Han. The New Republic Court specifically noted that there had recently been a liberalization of the Res Ipsa Loquitur doctrine that encouraged its use in this case. Han was unlikely to have much evidence of negligence by the crew. In order to overcome a "circle of silence", that simply by remaining silent and withholding evidence the carbonite crew could prevail against Han, the doctrine should be applied.
Wednesday, November 18, 2009
Wishnatsky v. Huey- (Court of Appeals of North Dakota, 1998)
He sued Vader for battery, however an imperial court granted Vader summary judgment, stating that as a matter of law, it was not a battery. This was affirmed by the higher court, stating that the contact had been "momentary, indirect, and incidental," and that Vader's actions were "rude and abrupt" but would not "be offensive to a reasonable sense of personal dignity." The court basically implied that Piett was a crybaby, something that would stay with him for the rest of his life until an A-Wing crashed into the deck of the Executor. Probably because he actually was a bit of a crybaby.
Friday, November 13, 2009
General Motors v Sanchez- (Supreme Court of Texas, 1999)
Young Luke Skywalker was training under Obi-Wan Kenobi on board the Millenium Falcon on their way to rescue Princess Leia from the Empire (she claimed they were her only hope). Obi-Wan was instructing Luke on lightsaber techniques, and as part of his training, had Luke read the holographic manual which described safety measures to be taken to reduce the risks involved with such a highly dangerous (and elegant) instrument, including the proper way to turn a lightsaber on and off.
One night after Obi-Wan had gone to sleep, Luke decided to practice his sweet lightsaber moves, so that the princess would be impressed when they rescued her. When he was done, he believed that he'd flipped the lightsaber off, unaware that an intermediate position existed between the on and off positions. While Luke was admiring his Force-bulked physique in the mirror, the lightsaber, which had indeed not been fully turned off, flipped from the intermediate position back on, and sliced off Luke's hand.
Luke sued the lightsaber manufacturer, claiming that the intermediate position was a design defect.
The imperial court held that while the lightsaber was defective in its design, however a space jury found that Luke was negligent for not taking measures to ensure the lightsaber was off, and he was held 50% responsible for his own injury. They found that although Luke did not have a duty to guard against unknown defects, he did have a duty to take reasonable precautions to secure his lightsaber. Because Luke had read the holographic manual, he knew the safety measures required to ensure it was properly turned off, and had breached his duty when he failed to follow those measures. Therefore the imperial court held that the lightsaber manufacturer's damages should be reduced by 50% to account for Luke's comparative responsibility in the harm.