In the case of Peterson v. Donahue, Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old, advanced skier, Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down the slope and knocked Peterson unconscious. Peterson sought recovery for the accident by filing a suit in the Minnesota State Court against Donahue alleging negligence.…
Conclusion: It is not likely that Samantha will be awarded damages for her injuries because she cannot show proof that the grocery store had any knowledge of the hazardous spill on the…
R: Ind. Code. Ann. § 34-51-2-5 (West 1998). States that In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery…
What is the ethical obligation of the attorney’s paralegal if the paralegal knows of the attorney’s…
1 of 3 DOCUMENTS M.A. MORTENSON COMPANY, INC., Petitioner, v. TIMBERLINE SOFTWARE CORPORATION and SOFTWORKS DATA SYSTEMS, INC., Respondents. No. 67796--4 SUPREME COURT OF WASHINGTON 140 Wn.2d 568; 998 P.2d 305; 2000 Wash. LEXIS 287; CCH Prod. Liab. Rep. P15,893; 41 U.C.C. Rep. Serv. 2d (Callaghan) 357 October 26, 1999, Oral Argument Date May 4, 2000, Filed PRIOR HISTORY: [***1] Appeal from Superior Court, King County. 95--2--31991--2. Honorable Phillip Hubbard, Judge. DISPOSITION: Court of Appeals affirmed, upholding trial court's order of summary judgment of dismissal and denial of motions to vacate and amend. LexisNexis(R) Headnotes COUNSEL: For Petitioner: Bradley L. Powell, Oles Morrison Rinker & Baker Llp, Seattle, WA, Catherine…
The complainant, Sandy Wasdin, states that there was a disturbance at Cedar Lane Apartments on September 02, 2015 (see incident report 69783) in which Tia Steel, a resident at the apartments, was arrested for disorderly conduct. The complainant states that she is the resident manager at the apartments.…
Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they grew between the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?…
There are two different types of torts intentional torts and negligence. An intentional tort is a harm that a person desires or intends to bring about; as opposed to harms that are a result of carelessness. Intentional torts are as follows: 1) assault, 2) battery, 3) false imprisonment, 4) intentional infliction of emotional distress, 5) trespass to land, 6) trespass to chattels, and 7) conversion.…
Negligence is a failure to use reasonable care that results in harm to another party.…
This is a case about promises and accountability. It is not about opening the flood gates of liability for any social host who dares to have a party. The issue at hand is whether liability arises from two entirely separate sources of duty with the same set of facts. It can. Those who make promises should be held to account from those promises, whether or not someone had a beer to drink.…
On December 25, 2003, 63-year-old Nancy Sue Brown was injured exiting a packed Georgia movie theater by tripping over an A-frame caution sign that an employee used after cleaning up a spill that had occurred ten-minutes earlier. The sign Brown tripped over had fallen, possibly by the crowd of people, and was lying flat on the ground. Brown states she was paying attention to the crowd to prevent running into anyone and therefore did not see the sign on the floor. An ambulance escorted Brown to the hospital where she was given prognoses of several broken bones in her foot. Two years later, Brown had back surgery to correct injuries, she believed, she had sustained in the fall. A month after the surgery, in December 2005, Brown claimed suit in…
Scenario: As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.…
Birth injuries to a child or the mother can happen through no one's fault, but there are situations where an injury could have been prevented. Through negligence on the part of a doctor or hospital staff, a child is harmed. This injury can have an impact throughout the child's life. A parent may be entitled to compensation for the increased medical and child care expenses due to this injury. The following are three situations when you should contact a personal injury attorney for consultation.…
The purpose of this paper is to examine factors involved in police negligence and the extent of liability the officers hold. Are police officers held accountable for their misjudgments or reckless behavior when they are at fault? This paper exams relevant cases in which police officers have been penalized or relinquished from negligent allegations. Additionally, details on the penalties of negligence from police officers will be provided in this essay.…
‘A child suffering the consequences for a crime he/she willfully committed? Oh no!’ This is what I hear whenever someone speaks against trying children as adults for the extremely terrible crimes they commit. It is illogical and immoral to allow young murderers to have an advantage over the justice system simply because of their age. If a child can learn right from wrong and take freedom into their own hands by willfully committing heinous crimes, then they should darn well be prepared to suffer the consequences that follow such actions. I believe that the entire country should acknowledge the fact that trying children as adults is the greatest solution to getting young murderers off the streets before they turn into mass murderers, and I believe that any oppositions towards trying children as adults would only be a threat to civil security. If we don’t try children as adults, then it is possible that we may see a significant increase in crime throughout the country, which, in turn, could spark a chain reaction as young criminals would most likely use any overcrowded correctional facilities as loopholes in order to be released back on the streets. It is our duty as citizens to make sure that these loopholes remain shut by continuing to allow our juvenile criminals to be tried as adults.…
