Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hit another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligence against Jason, who pledged that he had no intention of damaging anybody's property and that he shouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at a fair decision
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Jason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hit
another car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligence
against Jason, who pledged that he had no intention of damaging anybody's property and that he
shouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at a
fair decision
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Solved in 3 steps
- John Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?William Brill a truck driver, had just delivered lumber to Queens lumber. As he was returning to his truck he was hit by a forklift driven bv an employee eric vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence. What elements does brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle have to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? Brill v Queens lumber Co.
- Negligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not…Joseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVE
- John Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…Mr. James was running on a treadmill at the local at Average Joe's health club. Mr. James was running faster than usual and fell and hit his head on the moving treadmill belt and hit his back and legs on equipment that was approximately 3 feet from the back of the treadmill. The equipment that Mr. James hit is back and legs on is moveable equipment and should have been picked up by the fitness floor attendant. Make an argument for the plaintiff (Mr. James) based on the four elements of negligence.Dr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.
- A got into a vehicular accident with B due to the fault of the latter. The case could very well fall under the crime of Reckless Imprudence Resulting to Physical Injuries in addition to suit for collection of money, but A opted not to file a criminal case against B since such filing of criminal case against a churchmate would mean his dismissal from their church. Instead, A chose to file a case for collection of sum of money only based on their agreement that B will pay A for all the expenses incurred by reason of the accident except for the repair of the car since B will directly pay the same to the A’s insurance company. However, B refused to pay A for his travel expenses and meal allowances when he travels to the repair shop during his routine check-ups on the progress of the repair even after A insisted on B’s agreement to pay all the damages. Whose contention is correct? Is it B’s refusal to pay A’s expenses during routine check-ups or is it A’s insistence on B’s liability to pay…A case of a minor. In early April of 1987, JE Dodson, then 16 years of age, purchased a used 1984 pick-up truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $4,900.00 in cash for the truck, using money he borrowed from his girl-friend’s grandmother. At the time of the purchase, there was no inquiry by the Shraders, and no misrepresentation by Mr. Dodson, concerning his minority of age. In December of 1987, nine (9) months after date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain without inspecting the valves inside the engine. Since Mr. Dodson has no money for the repair, he continued to drive the truck despite of its mechanical problem until the truck’s engine blew up and became inoperable. Mr. Dodson contacted the Shraders and wants to rescind the purchase contract of the truck and 3 requested a full refund. The Shrader refused to accept the…John’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespass