In a wrongful death suit for Stephan Andres the trial court did not err by rejecting the plaintiffs offered jury instructions for not providing a supervisor in the locker room required by Cal. Code Regs., tit. 22, § 65521, subd. (a), requiring that every pool be under the care of a competent person, which is not related to a lifeguard but the person in charge of the sanitation and hygiene of the pool. Negligence in itself only pertains if the person suffering the death or injury was one of the relatives for which the protection statute, ordinance, or regulation was adopted. Stephen, a victim of drowning rather than unsanitary facilities, was not related to the person whose protection section 65521 was…
Johnny was riding in his mother’s car when another car hit them. He suffered several leg and rib fractures and was taken to the local hospital for treatment. His injuries included a closed fracture of the right Tibia, and closed fracture of the 3rd and 4t ribs on the right side. Treatment included the closed reduction of his fractures. The hospital submitted an insurance claim to his parent’s medical insurance for payment. The insurance company denied payment.…
Ms. Hollar’s neck was examined and the records state that the examination was negative for injury or acute deformity. The neurological examination was negative for altered mental state and loss of consciousness. A CAT scan and x-rays were negative. After the accident the plaintiff was seen by Dr. DaRoach and the doctor noted, “ She has no pain going to lower extremities, no weakness in the upper extremities and denies any headaches/blurred vision/weakness in legs.”…
In 1980, patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery, Dr. Salinsky severed the femoral artery, resulting in partial paralysis for Johnson (casebriefs.com). Ultimately, Johnson suffered a permanent paralytic condition to his right thigh muscles with resultant atrophy and weakness as well as a loss of function after undergoing hip surgery performed by Dr. Salinsky (Showalter,…
Mr. Margreiter sued the hotel on grounds that the hotel was negligent in not controlling access to elevators and hence to the guests ' rooms. The hotel says Mr. Margreiter was intoxicated and met his fate outside the hotel. Is the hotel liable? [Margreiter v. New Hotel Monteleone 640 F.2d 508 (5th Gr. 1981)]…
It was found that the hospital was responsible for the injury that occurred under the care of the hospital…
FACTS: Defendant, AAA North Jersey, Inc. (“AAA”), contracted with Five Star Auto Service (“Five Star”) to perform towing and auto repair services for AAA. Defendant Terence Pershad, a tow-truck driver employed by Five Star, received a call through AAA to assist a crashed car. Upon Pershad’s arrival at the crash site, Pershad and Plaintiff Nicholas Coker (a passenger of the crashed car) began fighting, which ended soon after Pershad assaulted Plaintiff with a knife. Plaintiff filed suit in a New Jersey state court against Pershad, Five Star, and AAA. The trial court determined that AAA held no responsibility for the alleged negligence of Five Star in hiring Pershad, and granted AAA summary judgement. Coker appealed the trial court’s ruling to the New Jersey Appellate Court.…
The facts that give rise to the lawsuit were that Mr. Class (The Plaintiff) who was a former football player at Towson University was severely injured. During a routine practice, the plaintiff collapsed on the field resulting in a heat stroke and liver failure. The plaintiff survived his life-threatening injuries by receiving a liver transplant and extensive rehabilitation. However, after the plaintiff’s successful recovery and rehabilitation, the plaintiff tried to reinstate into the Towson University’s football program. Unfortunately, he was denied based on the team’s physician stating that even though Mr. Class has recovered, he is still at great risk of falling victim of heat stroke; which could potentially lead to another catastrophic…
Patron brought negligence action against tavern in connection with injuries sustained when members of motorcycle gang attacked patron in men 's room. After jury returned $300,000 verdict for patron, the Superior Court, Law Division, Union County, granted judgment notwithstanding the verdict (JNOV) to tavern. Patron appealed, and tavern cross-appealed. The Superior Court, Appellate Division, PAYNE, J.A.D., held that: (1) tavern owed duty to patron to take reasonable…
The case begin when Mrs. Turner filed a complaint in district court against the Las Vegas 51s, alleging negligence and Mr. Turner complaint for loss of consortium, and negligent infliction of emotional distress (NIED). The district court concluded that Mrs. Turner’s negligence claim failed because the Las Vegas 51s did not owe a duty to protect her from the foul ball in question. Also, Mr. Turner’s claim for loss of consortium and NIED failed because 51s satisfied their legal duty in this case as matter of law. The court entered summary judgment in the 51’s favor on that claim.…
Present day labor laws protect employees from employer abuse, including hazardous working conditions and unreasonably low wages; but, this was not always true. In the early 20th century, commonly referred to as the “Lochner Era”, the Supreme Court of the United States protected businesses by rejecting State-regulated economic regulations (Choudhry 2004, 6). This precedent was revisited in the 1937 landmark Supreme Court Case, West Coast Hotel Co. v. Parrish, which involved, Elsie Parrish, a chambermaid at the West Coast Hotel, who sued the Cascadian Hotel (owned by the West Coast Hotel Company,) for not having been paid the legal minimum wage (West's Encyclopedia of American Law). In 1932, a law had passed in Washington State, known as “Minimum…
Under Washington case law, plaintiffs are required to prove causation with expert testimony if alleged injury involves obscure medical factors. [cite]. The trickier question is whether the expert needs to demonstrate a direct causal link between the alleged injuries and the negligent act or if the expert merely must demonstrate that the plaintiff’s injuries are of a type that can be caused by the negligent act. Washington courts have come down on both sides of this question.…
4. According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? (5 points)…
Early admission to hospital followed by correct diagnosis with minimum delay is a prerequisite for successful intervention in acute stroke. The need to seek medical or other attention promptly after stroke onset, to use an ambulance with direct transportation to the acute-care hospital, and to have more effective in-hospital organization will be required for effective acute treatment options to be available to stroke patients. There are a couple of legal and ethical issues of this case.…
FACTS: Federico Songco of Floridablanca, Pampanga, a man of scant education being only a first grader ..., owned a private jeepney for the year 1960. On September 15, 1960, he was induced by Fieldmen's Insurance Company Pampanga agent Benjamin Sambat to apply for a Common Carrier's Liability Insurance Policy covering his motor vehicle ... Upon paying an annual premium of P16.50, defendant Fieldmen's Insurance Company, Inc. issued on September 19, 1960, Common Carriers Accident Insurance Policy... the duration of which will be for one (1) year, effective September 15, 1960 to September 15, 1961. On September 22, 1961, upon payment of the corresponding premium, the company renewed the policy by extending the coverage from October 15, 1961 to October 15, 1962. This time Federico Songco's private jeepney carried Plate No. J-68136-Pampanga-1961. On October 29, 1961, during the effectivity of the renewed policy, the insured vehicle while being driven by Rodolfo Songco, a duly licensed driver and son of Federico (the vehicle owner) collided with a car in the municipality of Calumpit, province of Bulacan, as a result of which mishap Federico Songco (father) and Rodolfo Songco (son) died, Carlos Songco (another son), the latter's wife, Angelita Songco, and a family friend by the name of Jose Manuel sustained physical injuries of varying degree." 1…