In the case of Smith vs. Wade, an inmate at Missouri Division of Corrections for youthful first offenders, Daniel R. Wade brought suit against a guard from the unit in which he was assigned, William H. Smith. Wade accused Smith of “gross negligence”, “an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.” (Cross 283). While Wade was an inmate in the correction facility he was assaulted by being harassed
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Ampersand LLP Beaumont, TX TO: Partner FROM: Staff Accountant DATE: March 24, 2016 ------------------------------------------------- SUBJECT: Memorandum Privileged and Confidential Relevant Facts In 2013, Mr. Hobby suffered serious bodily injury while working at a local refinery in Beaumont. On his 2013 tax return, he deducted medical expenses of $25,000. On his 2014 tax return, he deducted medical expenses of $15,000. In 2015, Hobby won a civil lawsuit connected to his injury in 2013
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Case Generate: Donald Ryan, a worker of Romney Automotive and the United Auto Workers Union. One day the the CBA stated that Romney Automotive employee was discharged for a workplace rule violation. This make Romney Automotive discharged employee Donald Ryan got discharged for appealed to arbitration. Is the arbitrator determined that Ryan violated the safe rule. Can arbitrator ordered Ryan reinstated. Can a cory set aside this order. Issues and Key Facts: In what issue that whether a court can
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Case 3-5 pg 97, 4-5 pg 129, 6-6 pg 192 Case 3-5 pg 97 Issue: Should Brandy Austin's case be transferred to a South Carolina venue? Decision: The case between Brandy Austin and Nestle should have a change of venue. The Venue should be held in South Carolina. Reasons/Support: The venue should be changed because Nestle, the defendant, asked for the change in venue. Only the defendant can request for a change of venue in a court of law. It should be changed because Nestle is located in South Carolina
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-1- SUMMARY Ultimately, my client was parked at a residential area when he was struck at high velocity by your insured. The police report revealed your insured neglected to merge with approaching traffic. My client racked up over $20,000 in medical bills with a forecast of $23,000 in future medical expenses. The pain specialist estimated Maximum Medical Improvement at twelve months. -2- BACKGROUND This accident took place on January 4, 2018 at a residential location in Greensville on the corner of
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I sincerely believe Troy's email is malicious slander. I know this should not affect me, but I take pride in my education, work experience, and good reputation in the community. It is hurtful when someone is using written defamation to damage your good reputation or malicious and contemptuous calumny. Especially, as I stated, being the first college graduate in my family, born in Mexico, and coming for a low economic status, I've worked hard to achieve my success and it hurts to have others devalue
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The California Supreme Court addresses a complicated area of tort law concerning duty owed. The need to protect privileged communication between a therapist and his patient and the protections of the public was being addressed. With respect to the liability of the police that released Poddar, the court stated that a public employee is not liable for an injury resulting from his act or omission where the act of omission was the result of his exercised discretion. Discretionary policy decisions which
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Taylor suffered a serious emotional distress, part of which was the fear for his and Mya’s life which led them to flee their home state of Massachusetts as a result of Murray’s continuous intimidations during four months. The issue in this case is whether Taylor has a claim against Murray for the intentional or reckless infliction of emotional distress. Under Massachusetts law, the court will likely conclude that Taylor has a claim against Murray for his conduct toward Taylor because (A) Murray intentionally
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Having the same principles of law on contracts for the sale of goods and other commercial transactions in most of the 50 states make doing business easier and less expensive. The UCC warranty provision would be that the dealer would be responsible for repairing the motorcycle, replacing it with something that is equivalent, or refunding the money. The dealer should have done a more thorough
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Facts: Mary Lee Immormino and her husband purchased food from the drive-thru window at McDonald. The item purchased included a hot tea for Mary Lee Immormino who was a front seat passenger. Mary Lee Immormino accomplished a series of actions to steep her tea; unfortunately, she spilled the tea on her lap. Plaintiff Mary Lee Immormino decided to bring suit because of an alleges injury caused by hot water spilled from a cup served by defendant J&M Powers, Inc., d.b.a. McDonald’s fast food franchise
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