Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.UNITED STATES DISTRICT COURT, M.D. ALABAMA, NORTHERN DIVISION…
In the case of White v. Patrick Gibbs and O’Malley’s Tavern, Mrs. White is suing Mr. Gibbs and O’Malley’s Tavern in the death of her husband, Mr. White. Mr. Edward Hard was a patron of the tavern the night of the accident with Mr. and Mrs. White. Mr. Hard was in a relationship with Mrs. White before she married Mr. White. Mr. Hard saw Mr. and Mrs. White leave the tavern on this night and followed them out the door. Mrs. White observed Mr. Hard drinking several alcoholic beverages while they were there. When Mr. and Mrs. White where leaving Mr. Hard confronted Mr. White telling him that “she should be my wife” and “this is not over.” After Mr. and Mrs. White got in their car and were leaving the establishment, Mr. Hard followed them driving recklessly. He was swerving across the road, driving in the opposite lane, and hitting mailboxes. His recklessness and inability to drive due to being intoxicated resulted in him crashing into Mr. and Mrs. White’s vehicle ultimately killing Mr. White and severely injuring Mrs. White. This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, Jordan Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White.…
Description: Terry Fedrick appeals from a take nothing judgment following a bench trial. In one issue, Fedrick argues that he was entitled to a judgment as a matter of law in light of factual findings made by the trial court. We affirm. * * * Fedrick is a truck driver, and he owns a commercial truck manufactured in 1994. The truck apparently developed a short circuit in the wiring and caught fire while it was parked outside Fedrick's home. Fedrick was able to extinguish the fire, and had the truck towed to Nichols's repair facility. Nichols agreed to attempt to repair the truck. One of his employees began the repair job, but could not complete the repair because a part had not yet arrived. The truck was parked outside Nichols's facility overnight when it caught fire again and was burned beyond…
Plaintiff Randy Fontenot was driving in the city owned police car at high speeds. When he reached an intersection, FOntenot collided with defendant, Germaine Brooks and Wife, in their car. Fontenot was severely hurt, while Brooks’ wife was killed. Randy Fontenot is sued Brooks and his insurance company, Patterson Insurance. Then the DOTD was added as a defendant in this case because they were responsible for the unsafe intersection. At the trial court they ruled that 90% of the fault was on Mr. Brooks; Mr. FOntenot was liable for 10%; and the DOTD was not liable at all. The Fontenot's the filed for an appeal. The appellate court agreed with the trial courts but they said that Fontenot was not liable at all for the accident. They saide Mr. Brooks and the DOTD were each 50% at fault. Now they have appealed to the Supreme Court.…
The court refers to rulings in Granite Constr. Co. v Rhyne, 817 P.2d 711 (Nev. 1991) and Craigo v. Circus-Circus Enterprises, Inc., 785 P.2d 22 (Nev. 1990). In the former case the court held that the “facts show that Granite consciously and deliberately disregarded known safety procedures, safety procedures that they had expressly agreed to…
On or about April 8, 2013, the plaintiff was en route back to his home after signing a three-year contract with MCI records after winning National Idol. The plaintiff was riding his motorcycle southbound on Highway 57 going a speed of 60-65 miles per hour. The defendant’s driver flashed his lights signaling the need to pass which the plaintiff obliged to. The plaintiff swerved to avoid falling cases of beer but was struck.…
(#4-7) According to the case, the plaintiff should not be held as semi liable for his injuries while attending the Daytona International Speedway. My client should receive a decision in his favor because NASCAR and the Daytona International Speedway were and are negligent in how races are conducted, the design of the speedway, and the lack of safety barriers to protect spectators, such as my client, from being severely injured during an event. There were several issues that NASCAR and the Daytona International Speedway are responsible for that resulted in the traumatic injury my client sustained. According to my client the numerous problems that resulted in the plaintiff’s injuries are:…
Connell, Tula. (2007) Lilly Ledbetter Fair Pay Act Now in Congress. Retrieved June 17th. Retrieved…
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING, ) ) Plaintiff. ) ) ) v. ) ) ANHEUSER-BUSCH COMPANIES, INC. ) ) Defendant. ) ____________________________________) COMPLAINT Comes Now the plaintiff, Justin King, by and through his attorney, states as follows: PARTIES AND JURISDICTION 1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois. 2. Defendant is a corporation with its principal place of business in Missouri and carries on business in Illinois. 3. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs. 4. Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in Cook County, in United States Court for the Northern District of Illinois. COUNT I: ________ 5. On or about April 8, 2011, plaintiff Justin King, while in the exercise of due care, was operating his motorcycle on Interstate 57, heading in a south direction, in the City of Paxton, Illinois. 6. On the occasion in question, defendant, Frank Cuellar, a resident of Illinois, was operating a truck owned by Anheuser-Busch as its agent, and was traveling in a south direction on Interstate 57, so called, a public highway in the City of Paxton, Illinois. 7. On the occasion in question, plaintiff Justin King was traveling south on Interstate 57 in Paxton, IL on his motorcycle when he noticed a truck with Anheuser-Busch logo traveling behind him headed in the same direction. The plaintiff noticed Mr. Cuellar flashing his headlights requesting to pass the plaintiff and proceeded to switch lanes. Justin King then changed lanes to the right hand lane…
LEXIS 287, ***11; CCH Prod. Liab. Rep. P15,893 the [***12] Court of Appeals. n5 n5 Four months after filing its notice of appeal, Mortenson moved to vacate the trial court judgment and amend its pleadings to include tort claims. The trial court denied these motions and the Court of Appeals affirmed. M.A. Mortenson Co., 93 Wn. App. at 837--39. While Mortenson argues in its supplemental briefing that the Court of Appeals erred in affirming the trial court's denial of these motions, it fails to include this issue in its petition for review. As such, we decline to reach it. RAP 13.7(b). The Court of Appeals affirmed the trial court and held (1) the purchase order was not an integrated contract; (2) the license terms were part of the contract; and (3) the limitation of remedies clause was not unconscionable and, therefore, enforceable. M.A. Mortenson Co. v. Timberline Software Corp., 93 Wn. App. 819, 826--37, 970 P.2d 803 (1999). Mortenson petitioned this court for review, which we granted. ANALYSIS In reviewing an order of summary judgment, [***13] this court engages in the same inquiry as the trial court; summary judgment will be affirmed where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Hertog v. City of Seattle, [*578] 138 Wn.2d 265, 275, 979 P.2d 400 (1999) (citing Taggart v. State, 118 Wn.2d 195, 199, 822 P.2d 243 (1992); CR 56(c)). The facts and…
Facts: In 1976, Harry and Kay Robinson purchased a new Audi automobile from Seaway Volkswagen, Inc (Seaway) in Massena, N.Y. The following year the Robinson family, who resided in New York, left that state for a new home in Arizona. As they passed through Oklahoma, another car struck their Audi in the rear, causing a fire which severely burned Kay Robinson and her two children. The Robinsons subsequently brought a products-liability action in the District Court for Creek County, Oklahoma, claiming that their injuries resulted from defective design and placement of the Audi’s gas tank and fuel system. They brought suit against the automobile’s manufacturer (Audi), its importer (Volkswagen of America),…
1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…
I write this letter to completely reassure you that we are taking the concerns you brought up with the utmost seriousness that they deserve. As a matter of fact, we have investigated the matter the last couple of days to ascertain the facts and events of what happened in Ms. Paulson’s Computer Technology Class on Monday during the third period. There were 27 students present that day alongside Ms. Paulson, and we have conducted interviews with some of them individually in order to get to the bottom of this issue. While it is certain that it was one of the students who momentarily put the pictures in question on the projector, it is also without a doubt our goal to never have to expose our students to any such material; and the adults in our staff certainly are expected to uphold their responsibility of keeping a safe environment for every child under our care, be it from harm of a physical or mental nature.…
Based on the facts above, Bex and Walton believe that the totality of the evidence would show that there was a preponderance of evidence tending to show that defendant was indeed negligent, for at least two reasons: 1) the burden of evidence ended with defendant, who failed to satisfy it; and 2) the greater weight of testimonies and object evidence supports the explanation provided by the plaintiff. Judging by preponderance of evidence, the defendant would be found liable. If it were judged by clear and convincing evidence, however, the plaintiff would not have won, despite these two reasons. This is because the only thin advantage that the plaintiff had over the defendant was a challenge to the latter’s last evidence given, after which the…
The products liability system has been criticized on equity, distributive, and efficiency grounds. The equity arguments often express a belief that cases should be inside on the basic afford and negligence. In particular, firm consider it in equitable to be assessed damage when there was nothing that could be done to prevent the injury. Objection had been made to the inability to use state-of-the-art design as a defense in cases governed by strict liability. In the absence of a statute of repose for capital equipment., this means that an injured party may be able to sue successfully for an injury caused by a product manufacturered many years earlier when technological capabilities were more limited. The restatement…