...IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS JUSTIN KING ) ) PLAINTIFF, ) ) CIVIL ACTIONS NO: ____________________ vs. ) ) ) JUDGE: _____________________________ ANHEUSER BUSCH and ) FRANK CUELLAR ) ) DEFENDANT ) COMPLAINT COMES NOW, plaintiff, Justin King and for his complaint, alleges as follows: 1. Plaintiff, for all times mentioned herein, was a resident of the County of Paxton, State of Illinois. 2. Plaintiff is informed and believes and thereon alleges that defendant, Anheuser Busch, was and is a business primarily operating out of the County of St. Louis, State of Missouri. 3. This is an action for damages in excess of $75,000.00, as required by 28 USC 1332. 4. Plaintiff is informed and believes and thereon alleges that at all times and places herein mentioned defendant, Frank Cuellar, was operating a certain 1992, Nissan UD2000 B, 24ft straight truck, WHITE in color, PLATE NO. 07 MO 968-7RL., fully loaded with cases of Anheuser Busch product. 5. At all times herein mentioned plaintiff was and now is the owner of a certain 2006, Harley Davidson X-73, motorcycle, BLACK in color, PLATE NO. 07 MO 327-HP8 6. At all times herein mentioned Interstate 57 was and now is a public highway running in a general northerly and southerly direction. 7. On or about the 8th day of April, 2004 plaintiff was operating his automobile in a prudent and careful manner in a general...
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...Title • Messa (P) v. Sullivan & Keyman’s club (D, A) Citation: what court or reporters • Court: Appellate Ct of IL, First District, First Division • Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872 Author: judge • Judge Burman Facts: • P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt. • There are signs on the exterior and on a bldg directory in the lobby. • No notices that the 5th fl is used as a residence and not for commercial or business purposes. • Automatic elevator for all the floors accessible as one entered the bldg from Madison Street and walking through bldg lobby passing bldg office(left side). • June 12, 1961, P (deaf mute) entered bldg about 2 pm for the purpose of selling printed cards depicting the deaf and dumb alphabet. Her first time at the bldg. P passed the bldg’s office where a woman was sitting, took the elevator to the 5th fl. The door of the elevator opened automatically at 5th fl but she had open (swung outward) a second door (said heavy). P turned left toward the apt door. At that point, D’s dog ran out of the door and jumped on the P. P testified, "... the dog bit me on...
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...(Cite as: 212 Ill.App.3d 380, 570 N.E.2d 1227, 156 Ill.Dec. 505) 15 UCC Rep.Serv.2d 503, Prod.Liab.Rep. (CCH) P 12,851 Appellate Court of Illinois, Fifth District. David B. GARAVALIA, as executor of the Estate of Arvo Lake, a deceased person, Plaintiff-Appellant, v. HEAT CONTROLLER, INC.; Addison Products Company, Inc.; O.G.F. Corporation, doing business as Giles Appliance Center; and Odell Giles, individually, Defendants-Appellees. No. 5-89-0749. April 19, 1991. Decedent's estate appealed from order of the Circuit Court, Franklin County, Donald L. Underwood, J., granting air conditioning manufacturers' motion to dismiss breach of warranty, negligence, and products liability claim arising when decedent died as alleged result of failure of air conditioning unit. The Appellate Court, Harrison, J., held that: (1) death of elderly purchaser from hyperthermia as result of failed air conditioning unit was reasonably foreseeable, permitting claim of consequential damages in action for breach of warranty; (2) manufacturers owed duty of care to purchaser to design and manufacture product that would be reasonably safe for its intended and reasonably foreseeable uses; and (3) whether leaky air conditioning unit that failed to cool on a hot day was dangerous was question for jury. Reversed and remanded. Howerton, J., filed dissenting opinion. West Headnotes [1] KeyCite Notes 307A Pretrial Procedure 307AIII Dismissal 307AIII(B) Involuntary Dismissal 307AIII(B)6...
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...Simon Jose Al hajj Mr Nazih Jurr Bad 429 – Operations Management 12 June 2012 Question 1 Analyzing the data in the table proves that not all the audience is satisfied with what is offered while attending a football game. Several complaints were recorded on different matters. Some complained about parking and traffic, others about the seating and that the stadium needs re-innovation because it became old. Most of the people surveyed were students, staff and alumnus, overall they constituted 209 from the 250 people surveyed. Other than the specific questions asked in a survey, people left numerous comments concerning anything they liked or that made their visit an unpleasant one. Some of the comments left: parking a mess, not enough traffic cops, crowded, bad seats, the stadium is ancient, lines are awful, seats stink, great food and friendly ushers. The examples provided demonstrate a statistical sample of the examples given in the table 6.6. Meaning that there are far more complaints than there were accommodations. Moreover, most complaints subjected the poor parking space and traffic in the parking, the ancient quality of the stadium and the seats that were not comfortable to sit in and watch and entire game. Out of the 250 persons surveyed during the games, only 90 gave a full grade for the parking; that is a low 36% on the parking slots while about 80% where annoyed with the traffic that delayed them and lost their time of the game so that they can park their cars...
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...Letter” by unethical means by publishing notice in the least popular newspaper. Since the public could not be notified, they later complained about the pollution created by the company. The company tried to settle the objection of the public by good words and by giving gifts, but this doesn’t seem to last long. The company is now reluctant to use “incinerators”. Issues One major issue raised in the case is what the company should do to minimize the public complaints on pollution. Should the company also install incinerator? There are numerous factors related to the case such as ethical, environmental, legal, social, political, technological and economic. The company went against ethics by misleading the public by publishing notice on a least popular newspaper. The environmental issue is related to the pollution created by the company. The company was using out-dated technology by not using incinerator. Also it is an economic issue when it comes to installing the incinerator. Facts to support the existence of complaints by the public 1. The notice was published in the least popular newspaper so the villagers didn’t notice it. 2. The objection of the villagers against the pollution was attempted to be silenced by good words and gifts to authority. 3. The company sent a staff member to the plant location to make personal contact with the members of the VDC and this staff played an important role in obtaining the no objection letters. Alternatives and their evaluation ...
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...I. Style of Case and Citation: Waters v Min Ltd 587 N.E.2d 231 (Mass.1992) II. Court Rendering Final Decision: Supreme Judicial Court of Massachusetts III. Identification of Parties and Procedural Details Gail A.Waters Plaintiff, Thomas Beacuchemin., Defendant. IV. Discussion of the Facts: Gail Waters (plaintiff) owned an annuity contract worth $189,000, with a total potential value of $694,000 over 25 years. When Waters was 21, she began dating Thomas Beauchemin (defendant), who had a strong influence over her. He introduced her to drugs and exhausted her credit card accounts. He then suggested that she sell her annuity contract and, as an agent of Min Ltd. (Min) (defendants), initiated negotiations between Waters and Min. Waters contracted to sell her annuity contract to Min for $50,000. In the negotiations, Min was represented by counsel and Waters was not. In recognition of his fostering the sale, Min dropped a $7,000 debt that Beauchemin owed them. Waters brought suit for rescission of the contract on the grounds that it was unconscionable. The trial court found in her favor. Min appealed. V. Statement and Discussion of the Legal Issues in Dispute The defendants contend that the judge erred by (1) finding the contract unconscionable (and by concluding the defendants assumed no risks and therefore finding the contract oppressive); (2) refusing them specific performance; and (3) failing to require the plaintiff to return all the funds received from them. Unconscionability...
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...Ethic at Work Name: Professor: Institution: Course: Date: Possible violations if complaint is true The likely violations if the grievance is real would fall under intentional torts and in particular the invasion of privacy. Under intentional torts there are four limbs of privacy torts. These are appropriation, intrusion, false light and public disclosure of embarrassing private facts. However, the fact pattern that is depicted in the case scenario discloses an element of intrusion which is an electronic, physical or mechanical intrusion in another person’s private space (McWay, 2010). This form of tort requires that the complainant show that there was a wrongful intrusion into private concern. In essence, the invasion of privacy encompasses a person intruding into the private activities of another in a manner that is offensive to a person of reasonable sensibilities. As such, the most conceivable violation by the physician who accessed the electronic medical record of another is the deliberate invasion of privacy. Further information the HIM director needs to acquire to verify the complaint Further information and key issues that a HIM director needs to obtain once the complaint is forwarded include establishing whether there are any potential witnesses, documents for review, whether the aggrieved physician had reasonable expectation of privacy and that the privacy was breached. These factors...
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...MAJORITY RULE (Foss vs. Harbottle, 1843) Supremacy of the majority is the fundamental principle of company law. Generally, majority members are entitled to exercise powers of the company and control its affairs. A group of persons controlling ¾ of the votes would have a complete control of the company, and a little more than half the votes would give considerable influence allowing control over appointments to the Board. The Act lays down certain matters, which have to be decided by shareholders at a general meeting by simple majority, whereas certain more important matters can be decided by a special majority of ¾ of the shareholders. Therefore, it is obvious the administration of a company goes with the majority rule. The principle of majority rule was recognized in Foss vs. Harbottle (1843). It is also known as “proper plaintiff principle”, which states that, in order to redress a wrong done to a company or to the property of the company or to enforce rights of the company, the proper claimant is the company itself, and the court will not ordinarily entertain an action brought on behalf of the company by a shareholder. Case Law: Foss vs. Harbottle (1843) The claimants, Foss and Turton, were shareholders in a company ‘The Victoria Park Company’ which was formed to buy land for use as a pleasure park. The defendants were the other directors and shareholders of the company. The claimants alleged that the defendants had defrauded the company in various ways and...
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...Torts Julie and Mary are plaintiffs for the J&M Jewelry store that opened in the Sunny Market Place. The defendants are Tom and Fred who own the Deluxe Jewelry in Sunny Market Place. Tom and Fred do not want the competition for their store so they decided to take action against J&M Jewelry and trespassed by entering their store without consent. An intentional tort is the most willful of torts, this intent is not to harm but rather to engage in a specific act, which ultimately results in an injury, physical or economic to another” (Kubasek, Browne, Herron, Meyer, Barkacs, Dhoodge, and Williamson 2012, p. 185). Tom and Fred had no intent on causing physical harm to the plaintiffs; they wanted them to be afraid with the hopes of leaving the premises. The defendants were hoping to scare the ladies away by robbing the store, so they would no longer have competition and keep customers to themselves. Julie was upset with what the defendants did and slapped Tom causing him to push her. Julie did something unlawful by slapping Tom causing an assault and battery, which he returned the harm by pushing her down. Kubasek, Browne, Herron, Meyer, Barkacs, Dhoodge, and Williamson (2012) define the legal principle of assault and battery as “An assault occurs when a person is placed in fear or apprehension of an offensive bodily contact; if the contact occurs, it constitutes a battery “(p. 187). Another tort that occurred in this scenario is the strict liability tort when Tom takes Julia...
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...situations of neglect. It is my duty of care to safeguard individuals from harm. All employees should report any concerns of abuse they have. These might include evidence or suspicions of bad practice by colleagues and managers, or abuse by another individual, another worker or an individual’s family or friends. If I do not work in this way, I could be considered negligent or incompetent. If I am in any doubt at any time, I must discuss any issues I have with my supervisor / manager. Outcome 3 1. Describe how to respond to complaints Within my setting any complaint is handled seriously. All complaints are properly investigated promptly and appropriate action is taken on any concerns that are raised. All complaints are recorded and available on request from both OFSTED and parents. The records include any action taken for each individual complaint. 2.Main points of agreed procedures for handling complaints There are two stages to our complaint procedure Stage One If a...
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...1. What did the defendants do with their land that the plaintiffs considered “unreasonable and substanstial? The defendants, John and Diane Sullivan & A. purchased some neighboring land in the area where the Plaintiffs reside. Upon purchase the defendants obtained a building plan by a certified wetland scientist for the construction of a septic system for their modular home that was to be placed on their property. The defendants had used large amounts of fill in the area they were building the house. As a result the neigboring plaintiffs began to complain of “standing water accumulatting in their garage, underneath the chalet, and the water prevented them from enjoying and using their property like they had in previous years.” (Janice J. Cook,” 2003). They complained that the wetness was a recurring issue that they dealt with over a course of a few years. After an attempt to remedy the issue did not suffice, the plaintiffs filed a petition 2000 for assistance in the matter from the court stating that this created a nuisance. How does the court decide whether or not a use of land is unreasonable? The law of tort on private nuisance “is referred to any unlawful interference with a person's use or enjoyment of land or some right over or in connection with it...” (The social sciences, 2011) If there is an interference which causes a person to not enjoy their property this could uprise problems the court would evaluate both sides of the situation by “balancing the gravity...
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...I. Title of the Case Benjamin P. Martinez versus Court of Appeals, and People of the Philippines General Record No. 168827 II. Parties Involved Benjamin Martinez—the respondent Court of Appeals and People of the Philippines—plaintiff III. Facts of the Case The petitioner, Benjamin Martinez was making rumors that the Dean and Elisa Basallo, spouse of Benjamin, had illicit relations. Benjamin even told this to the wife of the Dean that the latter has mistress. Dean and his wife filed a complaint for damages. Elvisa also filed a complaint against the spouse Martinez in the Municipal Circuit Trial Court due to the reason that Benjamin Martinez accused her of having an illicit relationship with the Dean. One time the petitioner, armed with bolo, stabbed the Dean while outside a building. The petitioner left right away. The police came and what they’ve seen was just the Barangay Captain Rodolfo Oller and his son Nicky Oller. Nicky handed the bolo which the petitioner had used to stab the Dean. As they passed the loading area of tricycles, petitioner shouted that he killed the Dean so the police placed him in jail. In the meantime, the Dean was brought to the Dona Gregoria Memorial Hospital in Agoo, La Union. The Dean was in a critical condition due to two stab wounds in the anterior chest, and a lacerated wound in the right elbow, forearm so he was transferred to Ilocos Regonal Hospital (IRH) in San Fernando, La Union where Dean was examined and operated on by Dr...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 101083 July 30, 1993 JUAN ANTONIO, ANNA ROSARIO and JOSE ALFONSO, all surnamed OPOSA, minors, and represented by their parents ANTONIO and RIZALINA OPOSA, ROBERTA NICOLE SADIUA, minor, represented by her parents CALVIN and ROBERTA SADIUA, CARLO, AMANDA SALUD and PATRISHA, all surnamed FLORES, minors and represented by their parents ENRICO and NIDA FLORES, GIANINA DITA R. FORTUN, minor, represented by her parents SIGRID and DOLORES FORTUN, GEORGE II and MA. CONCEPCION, all surnamed MISA, minors and represented by their parents GEORGE and MYRA MISA, BENJAMIN ALAN V. PESIGAN, minor, represented by his parents ANTONIO and ALICE PESIGAN, JOVIE MARIE ALFARO, minor, represented by her parents JOSE and MARIA VIOLETA ALFARO, MARIA CONCEPCION T. CASTRO, minor, represented by her parents FREDENIL and JANE CASTRO, JOHANNA DESAMPARADO, minor, represented by her parents JOSE and ANGELA DESAMPRADO, CARLO JOAQUIN T. NARVASA, minor, represented by his parents GREGORIO II and CRISTINE CHARITY NARVASA, MA. MARGARITA, JESUS IGNACIO, MA. ANGELA and MARIE GABRIELLE, all surnamed SAENZ, minors, represented by their parents ROBERTO and AURORA SAENZ, KRISTINE, MARY ELLEN, MAY, GOLDA MARTHE and DAVID IAN, all surnamed KING, minors, represented by their parents MARIO and HAYDEE KING, DAVID, FRANCISCO and THERESE VICTORIA, all surnamed ENDRIGA, minors, represented by their parents BALTAZAR and TERESITA ENDRIGA, JOSE MA. and REGINA...
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...specifications | | | Competition from 4 players | Competition from other players | * | * | 2-3 suppliers | 2-3 suppliers | Preference to A-one | Can opt for any supplier | No confidence in A-one | Preference to A-one given it proves its quality | | | 450 supply by A-one | | | | | | Whole demand is 3000 | | whole demand is 500 tonnes per year | | Whole demand is 6500 tonnes/year | | Quality conscious | Quality conscious | Quality conscious | Quality conscious | Quality conscious | Not quality conscious | Constant composition of glucose in products | No constant composition | Constant Composition | Constant composition | Constant composition | No Constant composition | | Complaints of above company:- | Complaints of above company:- | Complaints of above company:- | | | General concerns of company | Bad drums(containers) | Faulted on delivery | Hazy liquid glucose | Advantage | constraints related to liquid glucose | Too much expenditure in sales administration | Summer leakage | Quality problems | | Packing and transportation contributed to revenue | High competition | High price to customers | No proper communication | Need MS drums not plastic drums | | | Regional...
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...retail store that hasn’t come across an angry customer. It can become very stressful working with an unhappy customer. The resentment of the customer prevents us from resolving the initial problem. This is a serious issue for businesses that want healthy relationships with their customers. Although you may resent it, customer complaints are healthy for the growth and survival of the business and it's possible to handle them in a productive way. Handling complaints is never an easy or enjoyable challenge. That said, if management can promote a pro-active approach to dealing with dissatisfied customers then there is every chance such negative situations can be turned into satisfying and memorable encounters for the customer. That’s the same customer that will tell all of their friends about you if you don’t handle their complaint appropriately. A complaining customer is your most important customer, they may be complaining because service levels are deteriorating, because the product no longer performs to their expectations, or even because they have heard that one of your competitors are doing things better than you. So, what happens when a complaint is not handled well, or even worse, the customer doesn’t even bother complaining in the first place? Customers go elsewhere: Even the best performing Fastfood or companies lose between 10 and 30% of their customer base each year; imagine what that figure could be if a complaining customer is simply passed between departments...
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