Fuchsberg, writing for a unanimous court, held that although violation of accepted standards can contribute towards negligence, as these standards help to define the general expectation of society, this alone does not constitute negligence. If not, you may need to refresh the page. law school study materials, including 801 video lessons and 5,200+ P was severely injured when he fell through the glass door enclosing his tub in his apartment he was renting. Trimarco v. Klein Case Brief. Is violation of an accepted standard or custom enough to create negligence? Country It is commonly studied in introductory U.S. tort law classes. Is violation of an accepted standard or custom enough to create negligence? The procedural disposition (e.g. P sued D for damages. 1982 Respondent Read more about Quimbee. Attorneys Wanted. P did not know and was not made aware that the door used was made out of ordinary glass and not tempered glass. Trimarco V. Klein - Facts. Tort Law classes. Standard of care The Trimarco family name was found in the USA, and the UK between 1891 and 1920. At the time, it was ordinary and recommended practice to use plastic or tempered safety glass, which had been treated with shatterproof material, in shower or bath enclosures. Court You can try any plan risk-free for 30 days. Trimarco v. Klein. The case was between Vincent Trimarco and his landlord, Irving Klein, for severe injuries after Trimarco fell through the glass door of the shower in his apartment. After trial by jury in a negligence suit for personal injuries, the plaintiff, Vincent N. Trimarco, recovered a judgment of $240,000. New York 56 N. Y.2d 98, 436 N. E.2d 502 is a 1982 decision by the New York Court of Appeals dealing with the use of custom in determining whether a person acted reasonably given the situation. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. Trimarco v. Klein Case Brief - Rule of Law: When custom and practice have removed certain dangers, the custom may be used as evidence that one has failed to act. No contracts or commitments. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Sussex had the highest population of Trimarco families in 1891. You can try any plan risk-free for 7 days. Facts: Plaintiff was injured while exiting the bathtub in his rented apartment. Jonathan Zittrain. Home » Case Briefs Bank » Torts » Trimarco v. Klein Case Brief. Trimarco was injured when the glass shower door in his apartment (owned by Klein) shattered. 72 a.d.2d 531 - farrell v. ROYAL CROWN BOTTLING CO., INC., Appellate Division of the Supreme Court of the State of New York, First Department. It wasn't safety glass, which is what everyone had been using for some time. Cancel anytime. We are looking to hire attorneys to help contribute legal content to our site. It is commonly studied in introductory U.S. tort law classes. TRIMARCO v. KLEIN Email | Print | Comments (0) View Case; Cited Cases; Citing Case ; 82 A.D.2d 20 (1981) Vincent N. Trimarco et al., Respondents-Appellants, v. Irving Klein et al., Individually and as Copartners Doing Business as Glenbriar Company, Appellants-Respondents. United States Take your favorite fandoms with you and never miss a beat. Court of Appeals of New York, 1982. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Plaintiff was a tenant of defendant's apartment. Trimarco (P) appealed an order which reversed a judgment in favor of P and dismissed P's complaint in a negligence action for personal injuries. Trimarco v. Klein example brief summary F: At trial, judgment for tenant. TriMarco v. Klein 56 NY 2d 98 NY Court of Appeals Prepared by Dirk Facts:-Plaintiff tenant was badly hurt when he fell through a plate glass shower door in his tub in defendant’s apartment building.-The door was ordinary plate glass but looked like the tempered glass that was used modernly.-the building was built in 1953, accident was in 1976; Hands down just great people. Issue Trimarco v Klein Instant Facts: Trimarco (P), a tenant of Klein (D), sued the latter for injury that Trimarco (P) suffered when the glass shower door in his apartment broke Facts: Trimarco (P) sued Klein (D), his landlord, for injuries that he suffered when the glass shower door in his apartment broke. briefs keyed to 223 law school casebooks. of N.Y., 56 N.Y.2d 98, 436 N.E.2d 502 (1982) is a 1982 decision by the New York Court of Appeals dealing with the use of custom in determining whether a person acted reasonably given the situation. He was awarded $240,000 at trial. The issue section includes the dispositive legal issue in the case phrased as a question. reversed and remanded, affirmed, etc. P was getting out of the tub when the glass shower door broke and injured him. Judges Posture: Facts: Trimarco got cut when he fell through the glass door in an apartment bathroom. The rule of law is the black letter law upon which the court rested its decision. In 1891 there were 5 Trimarco families living in Sussex. Trimarco v. Klein 1982 Venue: NY Ct. App. to argue that the defendant did not conform with custom, and therefore fell below the standard of care required. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. Trimarco v. Klein Ct. of App. It is commonly studied in introductory U.S. Bathroom shower doors in most homes used shatterproof tempered glass. We’re not just a study aid for law students; we’re the study aid for law students. Trimarco v Klein, 436 NE 2d 502 Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Custom can be used in two ways: However, in neither case is the custom conclusive by itself. Sign up for a free 7-day trial and ask it. Supreme Court of New York, First Department. The door was made out of ordinary glass, however, Trimarco assumed it was made out of tempered, shatterproof safety glass. CitationTrimarco v. Klein, 56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, 1982 N.Y. LEXIS 3319 (N.Y. May 20, 1982) Brief Fact Summary. The bathtub had a screen of normal, untempered glass, which shattered unexpectedly and suddenly, severely injuring him. Vincent N. Trimarco (plaintiff) was injured when a glass bathtub shower door enclosure shattered in his apartment while he was sliding the door open to exit the tub. 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