case research paper
Case Research Assessment
Baker College
Ruiz v. Safeway is a case involving both a Tort; a civil wrong that has caused someone else to suffer harm, and negligence also known as professional malpractice; the failure to meet a standard of conduct that is recognized by a profession (Freedictionary, 2012). Ruiz v. Safeway was filed by Michael and Lydia Ruiz against Safeway, Inc. under business code 25602.1 and it was eventually argued in First Appellate District, Division Five, Sonoma County, Super.Ct.No. SCV-245045 (Law.com, 2012).
Mr. and Mrs. Ruiz’s complaint against Safeway involved the death of their son, Alexander Ruiz. Alexander was killed when, Dylan Morse, an 18-year-old alleged drunk driver struck his car. Mr. and Mrs. Ruiz wanted to hold Safeway responsible because, shortly before the accident, a Safeway clerk sold alcohol to Mr. Morse’s passenger, Ryne Spitzer (Law.com, 2012). On February 13, 2009 Morse and Spitzer made plans to attend a frat party. They both drank beer and rum until the party was broken up by the police around midnight. Morse and Spitzer returned to their dorm until Spitzer suggested that they buy more beer. Morse agreed and they arrived at the Safeway around 2 am. Upon entering the Safeway the two proceeded to the beer aisle and then went to check out. At checkout the clerk, Amy Gonzalez, who had 12 years of experience, asked for proof of age to purchase the alcohol. Spitzer gave her a California driver’s license that indicated that he was over the legal age. The features of the man pictured matched Spitzer. Gonzalez proceeded with the sale while unaware that the license was a forgery. Spitzer paid for the alcohol with his check card and was given a receipt. He and Morse then went back to their car and headed back to their dorm. During the drive Spitzer took one of the beers out of the bag and handed it to Morse. Morse estimated that he drank half of it on the ride back. Afterward, Morse allegedly caused the
Baker College
Ruiz v. Safeway is a case involving both a Tort; a civil wrong that has caused someone else to suffer harm, and negligence also known as professional malpractice; the failure to meet a standard of conduct that is recognized by a profession (Freedictionary, 2012). Ruiz v. Safeway was filed by Michael and Lydia Ruiz against Safeway, Inc. under business code 25602.1 and it was eventually argued in First Appellate District, Division Five, Sonoma County, Super.Ct.No. SCV-245045 (Law.com, 2012).
Mr. and Mrs. Ruiz’s complaint against Safeway involved the death of their son, Alexander Ruiz. Alexander was killed when, Dylan Morse, an 18-year-old alleged drunk driver struck his car. Mr. and Mrs. Ruiz wanted to hold Safeway responsible because, shortly before the accident, a Safeway clerk sold alcohol to Mr. Morse’s passenger, Ryne Spitzer (Law.com, 2012). On February 13, 2009 Morse and Spitzer made plans to attend a frat party. They both drank beer and rum until the party was broken up by the police around midnight. Morse and Spitzer returned to their dorm until Spitzer suggested that they buy more beer. Morse agreed and they arrived at the Safeway around 2 am. Upon entering the Safeway the two proceeded to the beer aisle and then went to check out. At checkout the clerk, Amy Gonzalez, who had 12 years of experience, asked for proof of age to purchase the alcohol. Spitzer gave her a California driver’s license that indicated that he was over the legal age. The features of the man pictured matched Spitzer. Gonzalez proceeded with the sale while unaware that the license was a forgery. Spitzer paid for the alcohol with his check card and was given a receipt. He and Morse then went back to their car and headed back to their dorm. During the drive Spitzer took one of the beers out of the bag and handed it to Morse. Morse estimated that he drank half of it on the ride back. Afterward, Morse allegedly caused the
References: Crime - definition of crime by the Free Online Dictionary, Thesaurus and Encyclopedia.. (n.d.). Dictionary, Encyclopedia and Thesaurus - The Free Dictionary. Retrieved November 11, 2012, from http://www.thefreedictionary.com/crime Dictionary, Encyclopedia and Thesaurus - The Free Dictionary. (n.d.). Dictionary, Encyclopedia and Thesaurus - The Free Dictionary. Retrieved November 2, 2012, from http://www.thefreedictionary.com/ Jenkins, J. (2012). Robinson v. SSW, Inc. (2012), Cal.App.4th . findlaw.com. Retrieved November 2, 2012, from login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2012/a130174.html Law.com. (2012). Ruiz v. Safeway, Inc.. Law.com | Legal News, Technology, In-House Counsel, & Small Firms Legal Resources. Retrieved November 2, 2012, from http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202574830898& Product Liability legal definition of Product Liability. Product Liability synonyms by the Free Online Law Dictionary.. (n.d.). Legal Dictionary. Retrieved November 12, 2012, from http://legal-dictionary.thefreedictionary.com/Product+Liability Rushing, P. (2012). People v. Franzen (2012) , Cal.App.4th. findlaw.com. Retrieved November 10, 2012, from login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2012/h037217.html Schaeffer, P. (2012). Workers Compensation, Disability, Attorney, Law, California. The Law Offices of Peter M. Schaeffer Workers Compensation and Personal Injury attorney, with practice concentrating on California Workers Compensation and Employment Law including Wrongful Termination and Sexual Harassment. . Retrieved November 12, 2012, from http://pslaw.com/workers_comp_valuation.htm What is Product Liability? - FindLaw. (2012). Accidents and Injuries - FindLaw. Retrieved November 2, 2012, from http://injury.findlaw.com/product-liability/what-is-product- liability.html