ISSUE Is the defendant liable for the plaintiff’s injuries despite the fact that the plaintiff had singed…
14. As a further result of the injuries sustained by Plaintiff, there is a reasonable probability that Plaintiff will require further medical care and attention and will incur future reasonable and necessary expenses for medical care and attention. Plaintiff’s doctors estimated over $100,000 in future medical bills, plastic surgery, and counseling to be incurred by Plaintiff.…
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.…
Plaintiff and Defendant: The plaintiff/appellant is Harvestons Securities, Inc. The defendant/appellee is Narnia Investments, Ltd.…
Exhibit 16.5 is a final pretrial order for the United States District court for the Northern District of Illinois. The case on the pretrial order is Austin Bennaza vs Buddy Smith. The notice states stipulations and statements that deal with the case. It details each parties current state as well as their part in the case. It states what each party owes the other in dealing with the case. It also states how long the trial should take. It allocates specific time to each task associated with the case. The document needs to be prepared and submitted jointly by opposing trial counsel. The pretrial order also needs to be signed by the pretrial judge.…
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.”…
The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied.…
In case scenario one, 21-year-old female patient Yolanda Pinella received intravenous therapy as part of her chemotherapy treatment. She is suing because necrosis of the hand occurred that resulted in reconstruction and skin grafting of her hand, losing permanent function and deformity of several fingers, leading to her inability to continue to pursue a career as a musical conductor. There is more than one incident that could have prevented this occurrence; however, I think the defenses I think I will discuss with this situation are limited staffing and over working of hours, leading to sleep deprivation.…
In the case at Gigantic State University, students that were a part of the SFT committed several careless acts. Within this particular case there was a definite crime that was committed because both Prudence’s physical and mental integrity was harmed. Not only could this case be classified according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek, pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. According to the case, Prudence’s physical integrity was harmed…
Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.…
The Defendant when his daughter was living with him constantly updated the Plaintiff of what was going on with their daughter.…
The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting interviews and scheduling and maintaining client contacts. The support staff are those individuals within the firm that work collectively to accomplish assignments. Investigators are those that conduct the research and gather facts regarding the case to validate or find fault in legal issues of the case. The information technologists (IT) individuals are those who maintain the software and hardware in the firm and keep the necessary equipment operational.…
3) How were the elements of intentional infliction of emotional distress applied to that case? In other words, explain why the court concluded that there was enough evidence to establish intentional…
On June 9, 1974, Jerome Bourque(Plaintiff) was playing second base on a softball game. Duplechin(Defendant), a member of the opposing team had hit the ball and advanced to first base. After his teammate hit the ball, to avoid double play Duplechin ran at full speed into Bourque. As Duplechin ran into Bourque, he brought his left arm up under Bourque's chin. Plaintiff Bourque filed this suit to recover damages for personal injuries received in the collision.…
Buckley, W.R. & Okrent, C. J Torts and personal injury law 3rd ed. Ch.6 & 7 (2004).…