Case-Briefings-Teams-Law12-Fall2014
Review the Colson vs. Standard Oil case - click here.
Then answer the following questions:
1. What does it mean "Standard Oil demurred on the ground that the complaint did not state sufficient facts to constitute a cause of action for punitive damages" - define "demurrer" and "failure to state sufficient facts to consitute a cause of action"
2. What part of the lower court did the court of appeal overrule and why?
3. What allegations did Colson have to prove in order to obtain an award of punitive damages?
4. What was the key evidentiary issue in the case for the court to determine?
5. Why did Colson introduce this expert " Mr. McKellar, head of the safety section of the El Segundo refinery of Standard Oil, testified there were approximately 20-21 injuries that resulted from sulfuric acid at the refinery" - what was this supposed to prove, what evidentiary issue?
6. What is the standard for punitive damages set forth "in Gombos v. Ashe, 158 Cal.App.2d 517, 526-527 [322 P.2d 933" - quote the exact language of that standard.
7. What is the relevance of this statement by the court "No evidence was produced to show that the final repair was negligently delayed" ?
8. What did the court record say about Colson's allegation that "20 or more persons had been injured from leaks caused by corrosion or other physical defects in the 4-inch line"?
Now post your work in your etudes class
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