Premium Essay

Esposito Incident

In:

Submitted By remyred
Words 672
Pages 3
Running Header: Esposito Incident

Esposito Incident
Business Law I
March 12, 2010

Jason Davis an employer who was hosting an arts and crafts show knocked Ms. Esposito, an 80-year-old elderly woman to the ground. After falling to the ground, Esposito fractured her hip on impact. After hip replacement surgery, she was left with a permanent physical impairment and is seeking remedies for her injury through the federal court, claiming negligence on behalf of Davis and other parties.
The factors that indicate whether Mr. Davis may or may not owe Ms. Esposito a duty of care is, he turned and collided with her. Consequently, Ms. Esposito was left with a lifelong physical impairment after being knocked to the ground by Mr. Davis. Although his actions were unforeseeable and unintentional, he is now liable under the tort of negligence to provide remedies for her injury. Ms. Esposito has filed suit in federal district court against Mr. Davis and others in order for her losses to be satisfied.
Negligence according to dictionary.com is, pertaining to or involving a civil action for compensation for damages filed by a person who claims to have suffered an injury or loss in an accident caused by another's negligence. (Dictionary.com, 2012) The tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur. This was an unforeseeable accident; in order for Ms. Esposito to move further in her suit she must prove that Davis (the defendant) owed her a duty of care, that the defendant breached that duty, the victim (Esposito) suffered a legally recognizable injury and that the defendant’s breach caused her injury.(Miller and Jentz, 2010)
If an act is carefully or carelessly performed, and an injury occurs this is deemed as a breach of duty of care. Davis’

Similar Documents

Free Essay

Knowing Your Audience

...and how will they deliver such bad news to the families while providing them hope? These are the two questions that this author will address and try to answer in this article How does the owner of the miner prepare to notify the families of the trapped miners? As a mining company one would expect that part of the Emergency Action Plan would cover a situation such as a cave in, the emergency action plan would cover needs to be done, step by step, while no one is really ready for such an emergency, routine practice, and drills. The conduct of such exercise would help the mining company identified, safety concern, procedures for notification, and prepare those that work in the staff for the media frenzy that will happen with such incident occurs. How the employer reacts and acts during the crisis will dictated how the public and the media will see it for years to come, if the employer is seen as careless or thoughtless when dealing with families, they may lose more than just business, they may be the subject of employee’s...

Words: 1104 - Pages: 5

Premium Essay

Otherwise

...Dear Sir I refer to the incident that occurred on the 18th February 2014 with Bankosi when i unfortunately lost my temper. The sequence of events are as follows: * I had called for Bankosi to remove the scrap bricks from the yard. * Bankosi shows me his fists in an intimidating manner and proceeds to talk in his language to his peers when they all laughed at me. * I called him to resolve the matter maturely but Bankosi proceeded to “entertain” his friends at my expense where at this point they were even more amused. * I became quite frustrated and unfortunately lost my temper and punched him which I deeply regretted afterwards hence i went to apologise to him which he accepted. We talked about it and i apologised and we were cool. When the maintenance foreman instructed him to do his job, he refused and he was given a yellow card for not following instructions. That is when he decided to come and report me after 6 days. As a matter of fact, this hearing is void. One more thing he said that i must give him a R100 for punching him and when i came back the next day he demanded more money from me and i refused as we sorted our difference out. This is a business and we cant afford to have customers complaining about bad quality products. Our main priority in this industry is the best of quality. This is a business where only the best product must be sold to customers. We are running double shift at the moment and whatever product i make during my shift...

Words: 303 - Pages: 2

Premium Essay

Emba

...UM Specialist Centre Sdn Bhd UMSC Building, Lot 28, Lorong Universiti, Lembah Pantai, 50603 Kuala Lumpur, Malaysia. ATTN: Manjeet Kaur Gill / Saasi Reka Jayeramasamy September 11. 2015 NEGLIGENCE OF NURSING STAFF Malathi Maniam, acting on behalf of my mother Waliama a/p Kalimuthu (ic: 470826105164), a patient of Prof. David Choon (Hospital registration: SC 00063097) wish to lodge an Official Complaint on the negligence in my mother's care which has resulted in a serious injury, no to mention unnecessary additional pain and unbearable trauma. The following is the chronology of events: 8th September Waliama was checked in USMC for surgery under Prof David Choon at 8am. We were informed that the surgery was scheduled for 5pm in the evening on the same day, and as such we decided to go back, to make preparations for her food post surgery. We gave the nurse on duty both my father's and my sister's mobile numberd and informed her that we would return well before her surgery at 5pm that evening. When we returned later that afternoon we were shocked to learn that the surgery had been completed. Neither my father or my sister was called and informed of the reschedule - which we find totally uncompassionate, not to mention unprofessional! 9th September Prof Choon visited my mother at about 9:30am and made her walk with a brace; that was provided by the hospital. She was made to walk, initially with his assistance then on her own. He informed her that she would be discharged...

Words: 1034 - Pages: 5

Free Essay

Critical Incidence

...Critical incident often refers to a scenario or an event which has an effect on an employer/employee in the work environment. Lately, however, it is now becoming a very popular tool, used for collecting feedback from customers. A journal article entitled ‘The Business Case for Workplace Critical Incident Response…’ states ‘Critical incidents are sudden, unexpected, often life-threatening time-limited events that can inhibit an individual’s capacity to respond adaptively’ (Attridge et al 2010). If not tended to correctly such incidents can have a very negative affect on the individual’s experience, whether it being employee or a customer. In his book ‘Critical Incidents in Teaching’, David Tripp writes, ‘Incidents happen, but critical incidents are produced by the way we look at a situation: a critical incident is an interpretation of the significance of a situation’ (Tripp, 1993). Whether good or bad, when critical incidents take place in the work environment they can serve as training and development for other members of staff. As part of their research to find out the effects of webpages on customer satisfaction, Wang et al used critical incidents technique (CIT) in order to compare in-store customer experiences to that of those customers using the website. Their chosen restaurant was TGIF. To carry out the CIT, a front door intercept interview process was carried out where customers had to recall their TGIF experiences in the previous six months (Wang et al, 2004). Customers...

Words: 412 - Pages: 2

Premium Essay

Improving Staff Communication

...Improving Staff Communication and Relations (Author’s Name) (Institutional Affiliation) Introduction Healthcare is a responsibility of everyone, but the overall custodians are health practitioners within the society. Healthcare provision system needs doctors and nurses who are well qualified to handle any cases no matter the severity of the condition of the patient. Some patients are usually in such disparate and distinct conditions that require carefully crafted professionalism and minimal ineptness from the doctor for them to survive. Proper service requires transparency, care integration, patient engagement, restoration of joy and meaningfulness and medical education reforms. There is always room for quality improvement as the fronts keep widening and each hospital has to keep increasing the quality of service, beginning from its staff to quality of machinery and equipment. There are established approaches to quality. These approaches include PSDA cycle, the six sigma; which identifies the needs and causes for variations in meeting these needs, structured methodology that define, analyze and control (DMAIC). The critical human factors espouse the team performance, understanding of effects, tasks, equipment, organization on human behavior and abilities, workspace and culture. These should guiding principles for those who work within the practice. During my rounds in Sabah Hospital in Kuwait country, I observed quite a number of malpractices, or rather ineptness by...

Words: 1046 - Pages: 5

Premium Essay

Wgu Organizational Systems Task 1

...A) There are several issues in the case of Mr. J that need to be examined. Using nurse sensitive indicators “reflect patient outcomes that are determined to be nursingsensitive because they depend on the quality or quantity of nursing care” (American Sentinel University, 2011). Mr. J. was not receiving acceptable care, because his daughter noticed a red, depressed area over Mr. J’s lower spine, similar to a severe sunburn. This skin condition is the first stage of a developing pressure ulcer. a. Nurses should be aware that a patient with limited mobility is at risk for skin breakdown, and pressure ulcers. Anyone with limited mobility should be assisted to change positions by the care providers on a regular schedule to help circulation and prevent skin breakdown. b. Providers should also consider that the patient is 72, and has fragile skin due to aging skin. This also places the patient at further risk for pressure ulcers. c. The patient is also on restraints, which limits mobility even further. While restraints can help confused patients from falling, they can also cause skin damage. Care providers should continually access the need for using restraints, and remove them as soon as possible. B) Using hospital data on nursing sensitive indicators could advance quality care throughout the hospital. In this case, the hospital should examine the incidence of pressure ulcers, the use of restraints, and dietary requests. a. When examining the pressure...

Words: 682 - Pages: 3

Free Essay

Response Email to the Incident of Gary King

...Task1: Writing an email To: Craig_Jenkins@macville.com.au From: Pat@macville.com.au Subject: The responses to the incident, Gary King’s case Dear Craig Jenkins, I am writing this email to outlining the organization response to the incident of Gary King. The maintenance manager took Gary to the company doctor when Gary complained of an onset of severe lower back pain while undertaking repairs to machines in the workshop. Subsequently, Gary was given four days off work by the doctor. Statements made by Gary: He had a chronic look back condition for over 25 years but he has learned to live with it. He uses a range of strategies to manage it while maintaining espresso machines. He usually follow a self-pacing approach, vary his work tasks, take short rest breaks and change his posture and position as required. He must push it a bit hard on the day of incident. Comments that Gary made concerning his work environment: • The work bench is a bit too high to work on easily • There are two person lift rules but with many staff on customer visits there are not always two people left in the work shop. • Repair tools are stored under the bench, which makes it hard to reach them easily. • The seat in the repair van is uncomfortable to sit in for long periods of time. After discussing the incident with the maintenance manager to discover that Gary (like other technicians) has been given some very repetitive tasks that need to be performed for long periods in a standing position...

Words: 437 - Pages: 2

Free Essay

Alcohol Bar Serving Times

...I'd like to bring your attention to an incident that occurred a couple months ago involving my brother. He was out celebrating the New Year and within the course of a few minutes, was incapacitated and sent to hospital by what's known as a 'king hit' or a 'one-hit punch'. The pain and grief that comes from losing a loved one, especially by something so foolish is distressing and I'm sure that some of you have been in the same position as me. Now what comes to mind when the phrase 'king hit' is mentioned? Is it perhaps a memory? A story you've heard about? Or maybe a news program you recall watching detailing the tragedy of yet another young person's death. For those of you who are still unaware of what I am talking about, these incidents occur mainly well into the night where predominantly young men will get into groups and form some sort of disagreement, generally fuelled by alcohol, then one of the men will be punched, usually in the head and fall to the ground. Unfortunately, in some of these cases people have died and the issue has definitely become a bit of an epidemic particularly over the holiday season. Since bars and their booze-serving times are directly related to these incidents, this brings to my perspective, a concept that bars should have a restriction on the time alcohol can be served. This restriction would undoubtedly decrease the number of alcohol-fuelled scuffles in general and would lessen the chance of an incident such as a king hit from occurring as these...

Words: 866 - Pages: 4

Free Essay

Incident Response Plan Example

...Incident Response Plan Example This document discusses the steps taken during an incident response plan. To create the plan, the steps in the following example should be replaced with contact information and specific courses of action for your organization. 1)The person who discovers the incident will call the grounds dispatch office. List possible sources of those who may discover the incident. The known sources should be provided with a contact procedure and contact list. Sources requiring contact information may be: a)Helpdesk b)Intrusion detection monitoring personnel c)A system administrator d)A firewall administrator e)A business partner f)A manager g)The security department or a security person. h)An outside source. List all sources and check off whether they have contact information and procedures. Usually each source would contact one 24/7 reachable entity such as a grounds security office. Those in the IT department may have different contact procedures than those outside the IT department. 2)If the person discovering the incident is a member of the IT department or affected department, they will proceed to step 5. 3)If the person discovering the incident is not a member of the IT department or affected department, they will call the 24/7 reachable grounds security department at xxx-xxx. 4)The grounds security office will refer to the IT emergency contact list or effected department contact list and call the designated numbers in order on the...

Words: 1230 - Pages: 5

Free Essay

News of Nation

...sirens” to set the tone of the story to evoke emotions from viewers at home. Broadcast stations, like CBS, use visuals and interviews to give a clearer understanding of what happened and how it happened. However, some stations, like FOX tend to give viewers a goofy and simply non-serious report on events and incidents that occur in the nation. Then there are stations, like ABC, who simply deliver the news clearly and directly to viewers at home. News stations around the nation have different methods of delivering their news, although some of them are less beneficial than others. During NBC’s Nightly News, with Brian Williams, the Pentagon correspondant, Jim Miklaszewski, emphasizes the implications the Navy yard shooting had in the four mile radius of the incident. He states, “... nearby schools were locked down, highways shut down, the Capital closed and the Nationals game postponed.” The emphasis of these implications the shooting had on the public shows the intense and immediate fear that struck throughout Washington D.C. The emphasis constantly hits the reader with the consequences of the shooting and it allows the viewer to realize the seriousness and the gravity the incident has had on people close to the capital and national security as well. However, other news stations lack the ability to convey the seriousness of a news story to the public. FOX, for example, lacks that ability. The anchors and reporters tend to deviate from the topic, even if it’s serious, and begin to...

Words: 697 - Pages: 3

Free Essay

The Interrupters Essay

...are devoting their lives to violence and horror. The Interrupters tells the moving and surprising stories of three Violence Interrupters who try to protect their Chicago communities from the violence they were once apart of. Shot over the course of a year, The Interrupters captures a period in Chicago when it became a nation symbol for the violence in our cities. During this period, the city was overwhelmed with numerous shootings, fights and even deaths. There were three specific incidents in the documentary that stood out to me. Tio Hardimar, creator and director of the Violence Interrupters program, mentioned how when he was 14 years old, this boy beat him up; then his stepfather walked outside and killed that young boy right in front of Tio’s eyes. Tio stated, “I felt good about it, really.” Violence is the answer to every problem. That’s how all those kids were raised, and that’s all they knew. It is disturbing to see how violent these communities are, and how no one cares. Another incident that occurred was when Ameena Matthews, a Violence Interrupter, took Caprysha Anderson, an 18-year-old girl, out for a day and really learned her story. Caprysha had been in more than 15 homes, and basically raised herself and her sisters while her mom was out doing whatever it was that she did. While she was getting her nails done, the worker asked Caprysha where had all the violence got her; Caprysha responded,...

Words: 337 - Pages: 2

Free Essay

Analysis of If I Stay

...strong interest in classical music which lead to her applying to Juilliard. One snow day, Mia’s family decides to take a drive to their grandparent’s house for the day. The roads are very slippery which causes a huge car crash killing Mia’s family instantly. When emergency help arrives, Mia is still alive. She is rushed to the hospital in a deep state of a coma. Her body is left in a sleep-like state but her mind is still aware of her surroundings causing her to walk around without anyone seeing her. Throughout the novel, Mia recalls many memories of her life before the crash which helps her to choose to leave or stay. If I Stay is a good novel because it contains well-developed characters, themes that are relatable, and several interesting incidents that influence the outcome of the novel. One of the elements that made this novel memorable is the well- developed characters. In If I Stay, Mia is a hardworking cellist in a rock-n-roll family. She had everything a normal teenage girl would have: a loving family, and adoring boyfriend, and a future full of success for the future in music. But, a tragic crash turns Mia’s normal existence upside down. She is left in a coma state that lets her spirit self walk around the hospital while her body is left in the ICU. She discovers that she has to choose whether to stay with her boyfriend and friends or leave with her deceased family. Throughout the novel Mia has to remember happy memories to help her choose. Most of her memories are happy...

Words: 1182 - Pages: 5

Premium Essay

Major Incidents

...this report I am going to analyse the importance of inter-agency emergency planning for major incidents It is very important that public services work together and plan how to deal with major incidents, because it makes their job more efficient. They can get the job done quicker, because they know their roles and responsibilities, so not messing around, but doing their duties and run smoothly at the scene. Planning gives them opportunity to get more training so they will know their roles even better so it makes their job easier and safer as they will get some experience in some kind of situations. They will have knowledge how it could look in real major incident, so they would not get stressed so much if they are newly employed. Also it saves some money when dealing with major incidents as they will be better in their roles, because of training through planning. Another benefit is that because of planning, they would know what equipment they are responsible for and they will bring it to the scene so when it will be needed, they will have it. The first responding agency is always Police and they are responsible for sending other agencies to the scene, protecting the scene – setting cordons around. Inner cordon - operational command – officers that deals with the incident at the scene. Outer cordon - tactical command - creates tactics for operational command how to deal with the incident. Lack of organisations means that they would not be sure what their roles are, they would...

Words: 616 - Pages: 3

Premium Essay

Maximize Profit in Incident Management Operations of It Service Company

...Assignment Of OR Maximize profit in Incident Management operations of IT service Company Akhil Gupta 6/16/2012 Batch – PGCBM-21 SMS ID – 110402 Faculty Name - Dr Supriya Kumar De Study Center – Grand Mall, Gurgaon   Contents Introduction 3 Problem Statement 3 Solution 4 Solution from Solver 4 Summary of attached excel 5 Sensitivity Report 5 Answer Report 6 Analysis and Answers 7   Introduction I am working in a project where we get 3 types of incidents and for each resolution we get some (dollar) amount. At high level, we have 3 teams Design, Build and Test . Analysis and assignment of incidents is done by client team so we don’t have any role to play there. Team size is also decided by clients based on number of incidents they assign to us. I am formulating that problem based on my project and will provide some analysis based on leanings in class. I have learnt a lot in OR classes and now in a position to suggest my findings to client team. Data shared below is not exactly same as that is confidential and cannot be shared having said that problem and scenario is exactly what I use in my day to day project work. Problem Statement There are three types of incidents say Type X incidents, Type Y incidents, Type Z Incidents. All 3 require Design, build and test efforts. It is mandatory to resolve minimum 10 incidents of each type on each working day. To resolve one incident of one type data is shown below - For type X - requires...

Words: 638 - Pages: 3

Free Essay

Gyott

...recognized early in the development of the ICS that the critical factor of adequate planning for incident operations was often overlooked or not given enough emphasis. This resulted in poor use of resource, inappropriate strategies and tactics, safety problems, higher incident costs, and lower effectiveness. Planning involves evaluating the situation, developing incident objectives, selecting a strategy, and deciding which resources should be used to achieve the objectives in the safest, most efficient and cost-effective manner. The primary phases of the planning process are essentially the same for the Incident Commander who develops the initial plan. For the Incident Commander and Operations Section Chief revising the initial plan for extended operations, and for the incident management team developing a formal IAP, each following a similar process. During the initial stages of incident management , planners must develop a simple plan that can be communicated through concise verbal briefings. Frequently, this plan must be developed very quickly and with incomplete situation information. As the incident management effort evolves over time, additional lead time, staff, information system, and technologies enable more detailed planning and cataloging of events and lesson learned. In my opinion the planning process is the most helpful in the Subdivisions of the ICS chart. During any incident it is important to always have something planned before anything ever happens that way you...

Words: 320 - Pages: 2