...Chapter 6 – Negligence Case 1 Submitted to: Chantelle Troy Submitted by: Elaine Crocker, Justine Byrne and Brandon Noelle March 12th, 2014 The plaintiff, Dean Zastowny, had been incarcerated after committing a number of crimes to support his drug habit. While imprisoned he was sexually assaulted by a prison officer. Zastowny then developed personality disorders such as low self-esteem, anti-social behaviour, and sexual anxiety. After being released the conditions remained and Zastowny found ease in the use of heroin; he continued to lead a life of crime. After spending 12 years in prison Zastowny had decided to sue the prison guard and the province. The defendants (prison guard and the province) admitted liability. The trial judge states that if the sexual assault did not occur Zastowny would not have become addicted to heroin, and he would not have committed additional crimes leading to his return to prison. The judge also states that because of the sexual assault Zastowny developed personality disorders and was not able to obtain and hold a job. Therefore, Zastowny argues that he should be compensated for income loss of the past 15 years, and for the future. The plaintiff, Dean Zastowny is in the position of suing the prison guard and the province (as the guard’s employer) for the intentional tort of sexual assault. Zastowny is requesting compensation for all of the income that he has lost during the past 15 years spent in jail. He is also requesting compensation for...
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...01.2013 | | | Aspect of contract and negligence | | Aspect of contract and negligence | Acknowledgement I would like to express my gratitude to Mr.Frank Gunasekara who gave me the possibility to complete this assignment and for the guidance and support they gave in preparation of this study. Especially, I would like to give my special thanks to my parents who enabled me to complete this work. However, it would not have been possible without the kind support and help from my friends. Last but not the least I would like to thank all our peers and staff at I.C.B.T and specially Mr.Dilum our coordinator who were ready to lend a hand in whatever way they can. I am making this project not only for marks but also to increase my knowledge. Thanks again to all who helped me. Executive Summary The reason of this study is to learn the basic legal principles for which we can use in the practical aspect of business. Also from the case studies which is given is very helpful for practical day to day issues. This study is focused on non-lawyers therefore we should give a clear picture of the concepts such as the contracts, negligence torts , breach of conditions etc. this is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort of Negligence and also the consequences of breach, and also to apply the rules and laws for practical scenarios. Contents Acknowledgement...
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...MBA 5101 Unit 1 Case Study Gary Campbell Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case involving medical negligence in the form of nonfeasance and malpractice. Reckless and willfulness disregard for safety is called criminal negligence and is often considered a form of gross negligence, a more serious tort (Pozgar, 2012). The question in my mind throughout the read was; “did the conduct of the provider and the hospital constitute criminal negligence”? The jury’s verdict and plaintiff’s award seemed to suggest yes. As a health professional, while I might agree with the Jury’s decision, I’m not so sure I agree with the size of the award. Did Johns Hopkins Hospital (the Hospital), negligently fail to perform a timely Caesarean section, causing Martinez to suffer from cerebral palsy, retardation, and other disorders. The following are...
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...for such torts as negligence, product liability and defamation. For most businesses such torts are better handled before they happen. Companies make sure many issues are addressed in the company policy and regulations manuals when new employees are hired as well as in training sessions for topics such as sexual harassment and safety. For a Company such as Firestone Tires and Rubber for example, one type of negligence could be Negligent Hiring. If an employee in a supervisory position verbally abuses another or in an extreme case, assaults another employee with a tire iron used in the performance of his duties, the victim could claim negligent hiring on the part of the company where they both were employed. This could be the case if the aggressive supervisor has had a history of this type of behavior at a previous place of employment. This begs us to ask the question: Has the company made enough effort to fulfill its obligation of providing a safe working environment for its employees? As it was touched on before there are measures that can be taken before something like this happens. For one, the hiring manager could have followed up on references to possibly find out if the candidate for employment has had a history of violence in the workplace, or perhaps public criminal records could have been investigated to check whether any evidence of crimes exist on the potential candidate for employment involving violence. Another two forms of negligence that could arise...
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...have dominated the business news for the last few years, as well as recurring announcements of large settlements in class action suits against major accounting firms, the prospect of a malpractice case against an accounting firm would at first glance seem attractive. Juries are presumably more predisposed to view accountants with renewed skepticism, when hardly a news cycle passes without some reference to accounting fraud, investigations, and the occasional large-scale debacles like the demise of Arthur Andersen, not to mention the high-profile criminal prosecutions that have recently gone to trial. Daniel J. Hurson, formerly Assistant Chief Litigation Counsel at the SEC, practices securities enforcement and accounting malpractice law in Washington, D.C. His website is www.hursonlaw.com. 25 26 The Practical Lawyer April 2006 Accountant malpractice litigation is a minefield of arcane judicial doctrines layered over pleading and discovery traps that can bury the best plaintiffs’ counsel. Indeed, among the players in these sagas, the accountants sometimes offer the best litigation target. The companies themselves have often tanked; the errant executives dismissed, awash in legal problems, and without insurance coverage; but the accountants (Andersen notwithstanding) live on and prosper. They are generally deep-pocketed and amply insured, and the surviving “big four” firms are vast international organizations with billions in revenues. Even the middle-tier...
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...decades, more tort cases have been filed. A tort concerns civil wrongs and address the duty, breach and injury sustained to one individual as a result of another's conduct. The premise is that a person who is injured could be able to recover something from the person who injured him or her. Usually, in a tort case, injured parties typically seek monetary damages. In an educational setting, tort law is the prevalent area of the law that subjects educators to personal liability. There are a variety of torts, which can basically be divided into three types of torts: (1) intentional torts, the intent to do harm to a person, (2) negligent torts, no intent to do harm to a person but to fail to exercise proper care and (3) strict liability, actions that causes damages regardless if the person is not at fault or negligent. Of the three categories, intentional and negligent torts tend to be more common types of tort actions in school sports settings. However, the vast majority of tort liabilities applicable to school situations are based on negligence. The tort of negligence is an unintentional tort that focuses on an individual's behavior or actions. It differs from intentional torts, which focuses on an individual's state of mind or intent. Normally, it is quite difficult to find a school or a coach liable for a student's injury during a sporting event. Recovering compensation...
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...Mercado Lim & Associates Law Offices for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor, driven by Raul Tutor, an employee of Ecatine, rammed into a house cum store of respondent Myrna Tamayo which resulted to deaths and physical injuries. Tutor was charged with and later convicted of reckless imprudence resulting in multiple homicide and multiple physical injuries. The trial court ordered petitioner to pay actual and moral damages and attorney's fees to respondents. It held that since the Deed of Sale between petitioner and Ecatine had not been registered with the Land Transportation Office, the legal owner was still the petitioner. Thus, petitioner was liable to respondents. On appeal, the Court of Appeals sustained the decision of the trial court. Hence, this petition. In affirming the assailed decision, the Supreme Court held that petitioner was liable for the deaths and the injuries complained of, because it was the registered owner of the tractor at the time of the accident. The Court has consistently ruled that, regardless of sales made of a motor vehicle, the registered owner is the lawful operator insofar as the public and third persons are concerned; consequently, it is directly and primarily responsible for the consequences of its operation. In contemplation of law, the owner/operator of...
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...Tort Law Cases/Assignments Trial Procedures Lewis v. Robinson 2001 BCSC 643 British Columbia Supreme Court The plaintiff, Kenneth Lewis, was a delivery person. He knew that the defendants, Will Robinson and Marci Salach, were the new owners and occupants of the property, but Lewis didn't know that the defendants had a dog. Lewis entered the property and was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the defendants' property. However, on this particular day, Lewis arrived on the property, startling Salach and the dog. Salach asked Lewis to identify himself, received no response, and then warned him that the dog did not like strangers and to be careful. Lewis saw the defendant speaking, but claimed he couldn't hear her as the dog was barking. He tried to pet the dog and then tried to move out of the dog's range when the dog bit his hand. Prior to this incident, the dog had never attacked, bitten, or lunged at strangers, and there was no evidence of complaints from neighbours or friends. Lewis brought an action for damages, but his action was dismissed. For Discussion 1. Why did Lewis bring an action against the defendants . Lewis believed he was entitled to damages for the injury he suffered when the dog bit his hand. 2. Summarize the conflicting evidence. Lewis claimed...
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...everything. At the dinner, John called Coleman fat, and he responded by punching John in the eye and causing severe damage. Jimmy’s mom, John, Jimmy’s Poor-Man’s Bar (partnership owned by 5 partners), and the jewelry store sued Software Inc. for the damages caused by their employee. There are some questions or problems arising from this situation. First of all, Software Inc. needed to give Coleman the final interview upon as establish on Software Inc. employee’s contract. Can Coleman win this termination sue? Also if the incidents happened during the time that Coleman was supposed to be doing duties related to his job, Is Software Inc. liable for anything that happened in reference to Jimmy’s bar partners including his mom? The same law should be applied to both cases? About the incidents occurred with John at his dinner; John sued Software Inc. for the injuries suffered. Will John win his lawsuit? As CEO or head of HR, what...
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...Appellate Brief Kate Voigt July 26, 2013 Professor Doug Simon MBA 660 The Legal and Ethical Environment of Management ______________ No. 1 ___________________________________ IN THE EIGHT CIRCUIT COURT OF APPEALS _____________________ MARY DEAREST, Petitioner, V. STATE OF MINNESOTA, Respondent, ___________________ IN REVIEW TO THE SUPREME COURT OF MINNESOTA ____________________ BRIEF FOR THE RESPONDENT ___________________ Kate Voigt 1678 Snelling Ave, Suite #987 St. Paul, MN 55108 (123) 456-7890 TABLE OF CONTENTS Table of Authorities………………………………………………………………………5 Statement of the Issues……………………………………………………………………6 Statement of the Case and Facts …………………………………………………..7 Argument…………………………………………………………………..7 Mr. Gonzalez should not be held negligent for leaving the matches on the sales table; they were set out of reach of children, in a position where he could see customers take them if he were to be standing behind the counter. …………………………7,8,9,10,11,12 THE RULING THAT MR. GONZALEZ SHOULD NOT BE HELD NEGLEGENT SHOULD STAND BECAUSE THERE WAS NO FORSEEABLE INJURY INVOLVED IN GIVING THE CUSTOMERS FREE MATCHES…………………………8,9,10 MR. GONZALEZ SHOULDN’T BE HELD NEGLEGENT FOR GIVING HIS CUSTOMERS FREE MATCHES BECAUSE IF THEY WERE DEFECTIVE, THERE SHOULD’VE BEEN A RECALL BUT SINCE THERE WAS NO KNOWN DEFECT, THE MATCHES CANNOT BE RECALLED……………………………………………..9, 10 The court should uphold the ruling due to the product not being defective in its design…..9,10,11,12 THE STATES PRODUCT LIABILITY...
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...and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control Theory in 1958, proposed that there are four types of social control: Internal, Indirect, Control with Needs Satisfaction and Direct. Social Control Theory proposes that people's relationships, commitments, values, norms, and moral beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district attorney or attorney general, and can be punished with fines, imprisonment or even death. Civil law, under private law, covers the rights and duties of individuals among themselves. [ (Roberts, 1998) ] Civil law deals with disputes between individuals or organizations where compensation for the injury or wrongdoing may be awarded to the victim. The purpose of civil law is to...
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...Case 0:05-cv-00668-RHK-JSM Document 61 Filed 02/07/2006 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Stacy Lawton Guin, Plaintiff, v. Brazos Higher Education Service Corporation, Inc., Defendant. Civ. No. 05-668 (RHK/JSM) MEMORANDUM OPINION AND ORDER John H. Goolsby and Thomas J. Lyons Jr., Consumer Justice Center, Little Canada, Minnesota; Thomas J. Lyons, Lyons Law Firm, P.A., Little Canada, Minnesota, for Plaintiff. Courtney M. Rogers Reid and Matthew E. Johnson, Halleland Lewis Nilan & Johnson P.A., Minneapolis, Minnesota, for Defendant. INTRODUCTION Plaintiff Stacy Guin alleges that Defendant Brazos Higher Education Service Corporation, Inc. (“Brazos”) negligently allowed an employee to keep unencrypted nonpublic customer data on a laptop computer that was stolen from the employee’s home during a burglary on September 24, 2004. This matter comes before the Court on Brazos’s Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, the Court will grant the Motion. BACKGROUND Case 0:05-cv-00668-RHK-JSM Document 61 Filed 02/07/2006 Page 2 of 14 Brazos, a non-profit corporation with headquarters located in Waco, Texas, originates and services student loans. (Villarrial Aff. ¶ 2.) Brazos has approximately 365 employees, including John Wright, who has worked as a financial analyst for the company since November 2003. (Villarrial Aff. ¶ 2; Wright Aff. ¶ 1.) Wright works...
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...Regulatory Risk Plan Law 531 Charles Cook January 24, 2011 Recognizing and Minimizing Tort and Regulatory Risk Plan For organizations to avoid detrimental situations that can create excessive loss for the business, it is imperative for them to Recognize and minimize the risks associated with torts. According to Henery Cheeseman, 2010, “Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society”(Cheeseman, 2010). Developing a clear plan that reduces and eliminates any fines, penalties and tort liabilities will help the success of a business. Cheeseman (2010) states “Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society” (Cheeseman. 2010). Plan elements Knowing the four elements of defending against negligence is fundamental to developing a preventative plan against negative effects of a tort. With foresight, a business can plan against the occurrence by superseding or intervening the event. Having knowledgeable team members who can determine whether or not the company is actually responsible for an event is essential. Assuming the risk of potential negligence can help to diminish the possibility of tort. Keeping a business team aware of what risks are possible and can help to avoid situations where a company knowingly enters into risky practices will keep businesses safe from liability. Finally, both contributory and comparative negligence are important...
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...Franco Chuquilin Business Law 1. Tort - Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. 2. International Tort – a category of torts that describes a civil wrong resulting from an international act. 3. Negligence – Conduct that falls below the standards of behavior established by law for the protection of others against other people. 4. Strict Liability – Liability without fault. Franco Chuquilin Business Law Palsgraf v. The Long Island Railroad Company 248 N.Y. 339, 162 N.E. 99, Wed 1928 N.Y. Lexis 1269 Court of Appeals of New York, 1928 Key Facts * Mrs. Palsgraf was standing on a Long Island Railroad train platform when two men ran to catch a train. * The second man was carrying a small package containing fireworks. He was helped aboard the train by one guard on the platform and another on the train. The man dropped the package which exploded when it hit the tracks. * The shock of the explosion caused scales at the other end of the platform many feet away to fall, striking and injuring Palsgraf. ...
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...MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil, Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on the products liability...
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