Case Brief 3

Case 3: Segal

Goal

Don't use plagiarized sources. Get Your Custom Essay on
Case Brief 3
Just from $13/Page
Order Essay

Read a case and create a brief of the judge’s analysis. Compare your response to a sample answer document.

Process

Read the case below.

Create a Word document with your name on the first line. Name the document you create LWc3_yourname.doc (or docx or pdf).

Create a case brief. It should include the case name and citation and the following headers:

Facts
Question or Issue
Answer or Holding or Rule of Law
Application

Now submit your brief. Keep a file copy for yourself. This exercise is required but will not be graded.

Segal v. Chelsea, 619 N.E.2d 555, 319 Mass. 234 (1992).

Tom Segal was seven years old. His friend, Charlie Chelsea, was eight. Tom and Charlie were playing cards on the front porch of Charlie’s home. The front porch was approximately 15 feet by 10 feet. It was a hot and humid day in July; the temperature was 96 degrees.

Also on the porch was Charlie’s dog, Finn. Finn was a 135-pound Leonberger. Earlier in the year, Finn had given birth to a litter of nine puppies. All the puppies had been sold when they were eight weeks old, and Finn had fully recovered from the birthing. However, Finn was still recovering from being hit by an automobile three weeks earlier. As a result of being hit by the automobile, Finn had eighteen stitches in her hindquarter and had stayed at the veterinary hospital for four days.

Tom and Charlie soon got bored playing cards. Tom tossed a few cards at Finn’s face. Finn responded by trying to bat the cards away from her face with her paws. The boys thought this was amusing. The boys’ actions escalated when Tom, bored with the card tossing, actually kicked Finn. Finn responded by growling. Mrs. Chelsea, hearing the growl, went to the porch and told Tom to go home and Charlie to go to his room. She then left the porch and continued to clean her house. Tom kicked Finn for a second time. For a second time, the dog growled. The dog had never growled at Tom before. In fact, Tom and Charlie had often played well with Finn. Tom knew he was making Finn angry.

After Tom kicked Finn for a third time, Finn’s mouth came in contact with Tom’s face. The dog’s teeth cut the plaintiff on the forehead partly back of the hairline and also at the corner between Tom’s nose and right eye. Tom screamed like a baby and ran home. Tom’s mother took him to the emergency room, where he received three stitches.

The Segal family sued the Chelsea family under the Massachusetts dog bite statute, G.L. c. 215. The Chelsea family admits that they own Finn and that Tom was lawfully on the premises (even though Mrs. Chelsea did ask Tom to leave the porch), but they argue that Tom provoked Finn into biting him. Tom’s attorney argued that the boys “were being boys” and there was no intent to provoke Finn into the action of biting Tom. Such argument is without merit. Tom testified that Finn growled after each kick. Additionally, Tom testified that when Finn growled, Tom knew Finn was angry. He further stated the dog had never growled at him before being kicked. Even if, as the Segals argue, the provocation in the statute requires specific intent, the record of the trial court evidences intent on the part of Tom. Tom’s kicking the dog on three occasions constitutes intentional and continuous provocation.

The Chelsea family also argues that plaintiff failed to prove other necessary elements of the statutory cause of action. The other necessary elements argued by the Chelseas are that the person injured must have been acting peaceably. It is argued that Tom was not acting peaceably before the dog bite occurred. We think it unnecessary to discuss this point in view of the fact that we have determined Tom’s conduct to be provocative, thereby losing the authority of the dog bite statute.

Grab 16% Discount On This Paper
Pages (550 words)
Approximate price: -

Why Choose Us

Quality Papers

ACME Homework provides the best top-grade academic writing services in compliance with our customers’ instructions. Have your paper written by a certified professional online college homework help writer to produce only high-quality essays with zero plagiarism.

Professional Academic Writers

You can now choose from a pool of online college homework help writers. Choose your writer and have them write the best content for you. ACME Homework has, over the years, secured a team of the most reliable, experienced, and qualified writers. You can, therefore, trust that your assignment is in good hands.

Affordable Prices

We know that students have very limited budgets. And for that, we always strive to provide only the best, most affordable online college homework help services to our customers. Our goal is to provide top-quality assignment help services to all customers at the lowest, most affordable prices.

On-Time delivery

At Acmehomework.com, we pay strict attention to deadlines. We recommend you to check out clients’ reviews for assurance that we will complete your assignments within the set deadlines. You can, therefore, trust that your paper will be done within and before the set deadline. Until now, we have not missed a single deadline.

100% Originality

Our Acmehomework.com homework helper experts write only 100% original and plagiarism-free content for all of our clients. We also have a Quality Assurance Department team that goes through all work submitted by our writers multiple times. You can, therefore, rest assured that any signs of plagiarized or unoriginal content will be rejected before it reaches your portal.

Customer Support 24/7

Acmehomework.com expert writers are always available 24/7 for customers who need assistance with using our website. You don’t have to check your watch the next time you want to have your assignment written. Our customer support is always available round the clock and ready to listen to your queries. Feel free to contact us via the Chat window or support email: support@acmehomework.com.

Try it now!

Grab 16% Discount On This Paper

We'll send you the first draft for approval by at
Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

For years now, Acmehomework.com has stood as a leader in providing its customers with the best online college homework help service in the industry. And all you have to do is provide us with the details of your order. Leave everything else to us. We’ve always got you covered.

Essays

Essay Writing Services

Since we launched, Acmehomework.com deserved the best online “college homework help status” thanks to our essay ordering, writing, and delivery process. We deliver nothing but excellence in our results. Our essay writing services include impeccable grammar, zero-plagiarism, proper structure, and conformance to guidelines.

Admissions

Admission and Business Papers

Our top-quality online college homework help services guarantee that you will be accepted into your desired university. You just need to fill out your admission and business papers, and our team of online homework help workers will handle the rest. We will help you achieve and secure the best positions in your admissions forms.

Editing

Editing and Proofreading

At Acmehomework.com, we have a skilled writing and editing team that’s dedicated to creating, editing, and restructuring for all types of papers. Our online college homework help editing and proofreading team will check, paraphrase, and correct any grammar mistakes on your paper before submitting the final document to you.

Coursework

Technical Papers

At Acmehomework.com, we pride ourselves in having writers in almost all fields, even the most technical ones. You never have to worry about your paper being too technical for our certified online college homework help writers to handle. ACME Homework’s team of writers can handle even the most complex writers. We will match your paper to the most competent writer that we believe will handle your paper the best way possible.

                                                                                     Place Order