1. a. The plaintiff, Gallagher, brought three causes of action in her amended complaint. List them.
b. Why do you think the jury ruled in favor of Gallagher?
c. Why did Gallagher lose at the trial level even though the jury had ruled in her favor?
d. Explain why the appeals court upheld the judgment against Gallagher.
e. Who do you think should have won this case? Explain.
2. Rattigan and Horvitz owned a house and prime oceanfront lot in Beverley Farms, Massachusetts. The house
On June 14, 2005, Gallagher sued HV Pierhomes LLC and HV Development & Contracting Co. The initial complaint contained claims for negligence, strict liability, and public and private nuisance. On December 21, 2005, Gallagher filed an amended complaint, which abandoned the negligence claim. All of Gallagher’s claims for relief arose out of the pile driving operations conducted by the defendants on the site of the former Key Highway Shipyard. Gallagher contended that vibrations from the pile driving damaged her home, located at 423 East Hamburg Street in Baltimore. Key Highway; a row of mixed use properties; Covington Street; a retaining wall; and a solid earthen wall, on which Gallagher’s house rests, separate Gallagher’s house from the pile driving site.