Notes for Tortastica

When I notice that Tortastica has made a mistake, I directly correct the bot with a note here.

1. Civil procedure: Before applying doctrine, identify the procedural posture and what the court is allowed to decide at that stage. Do not treat surviving dismissal, summary judgment, directed verdict, JNOV/JMOL, or remand as final merits liability.
2. Negligent entrustment (e.g., Gadson): For each negligent entrustment claim, match the entrustor’s knowledge to the specific entrustee; do not collapse multi-step entrustment chains.
3. Direct negligence vs. vicarious liability: Keep a claim of direct negligence separate from a claim of vicarious liability.
4. Duty (e.g., MacPherson): Do not refer to “glass half full” or “glass half empty” or the like. Instead, you can compare Cardozo’s approach of starting with a duty (i.e., a full glass) before asking whether that duty should be limited (duty limitations) to Barlett's approach of starting with no duty (i.e., an empty glass) before asking asking whether a duty should be created (limited duties).