3. Punitive damages is “an amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.” Spagnola, Linda. 2008. Contracts for Paralegals. Legal principles and practical Applications. Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527.…
II. Egregious Harm Analysis However, even if we assume that the four witnesses were accomplices and that the trial court erred by failing to submit the accomplice witness instruction to the jury, the error does not rise to the level of egregious harm. On appeal, we use the heightened harm standard because Appellant did not object to the absence of the accomplice-witness definition during trial. Arteaga, 521 S.W.3d at 338.…
Have you ever followed a court case and been astonished at the outcome and the damages awarded in the case? I believe we have all heard about cases where the plaintiff is awarded a very large sum of money for a case that appears not to warrant the award. Most of these scenarios take place in cases where the tort law applies. According to authors Kubasek, Brennan and Browne (2009), tort law is defined as injury that to a person or their property. Tort law is primarily a state law and stipulations can vary. Tort law was put in place to encourage civility, discourage people and companies from private retaliation and to compensate innocent people who are injured due to the wrongful act of a person or company. According to The Legal Environment of Business A Critical Thinking Approach, there are different types of damages awarded in relation to tort cases. These damages are nominal, which is usually awarded when the plaintiff has not suffered serious damage, compensatory, which include general and special damages, and punitive damages. Punitive damages are usually intended to punish defendants and often go beyond simply compensating the plaintiff. (Kubasek et al.,2009)…
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…
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…
The monetary damage award set out by the court is the amount the prevailing party is guaranteed to receive from the losing party.…
Personal injury settlement help victims recover financial damages and ensure proper medical treatment. As settlement is done out of court, the process is often faster than courtroom trials and victims receive the compensation when they actually need it.…
Compensatory damages are intended to provide a plaintiff with the monetary amount necessary to replace what was lost and nothing more. To be awarded compensatory damages, Pat the plaintiff must prove that he has suffered a legally recognizable harm that is compensable by a certain amount of money that can be objectively determined. Following a breach of contract by the defendant Harry Homeowner, the most common approach taken is to award the sum which would restore the plaintiff Pat to the economic position that he expected from performance of the promise (known as an "expectation measure".)…
If an assault is extremely vicious or committed without reason, the court may award punitive damages.…
Accidents, drug side effects and medical negligence will result in injuries which lead to a complicated life. Some might face physical disabilities that cause loss of income to a family and need compensations for medical treatments and other purposes. A personal injury lawyer plays a main role in satisfying the needs of victims who want to procure maximum funds from landlords, vehicle owners, drug manufacturing companies and others as soon as possible. It is possible to claim compensations for the injuries with this attorney by meeting exact requirements. At the same time, it is necessary to hire professional attorney services for obtaining funds without any difficulties. Nowadays, registered law firms help victims to represent their cases both in federal and state courts to reduce complex issues.…
1. Smiley, a buyer for Carrefour Fashions, entered the store of a rival firm, Boulevard Boutique, in order to find out what latest lines they were carrying. He was recognized by Maldini, the manager of Boulevard Boutique, who called the store detective, Rocco, and ordered him to “keep an eye” on Smiley while he, Maldini, called the police.…
- as for damages in a civil case, the plaintiff should describe the extensive injuries in detail--use vivid language to have the jury feel your client's pain and suffering--the defendant should express regret that the plaintiff was injured, but indicate that the injury was not his client's fault.…
Legal: The four elements that demonstrate negligence that can lead to a medical malpractice lawsuit includes the following four according to our course note book and our instructor Kristin J. Kjensurd. 1st Clinician owed a legal duty of care to patient, 2nd clinician violated the duty of care, 3rd Duty of care violation caused injury to patient and 4th Patient suffered harm requiring compensation. In the article I read, all four elements that demonstrated negligence were violated by the clinician Cammy Elaine Nye. The 1st element Nye violated was her responsibility as a CNA to provide a professional level of care. As someone who is perusing a carrier in the healthcare field I feel that it’s our responsibility to provide a level of care that we are entrusted with, which I feel Nye failed to do. She put herself before the patient by not mentioning the incident that lead to Mrs.…
* Intentional Torts – involve intentional, rather than merely careless conduct; assault/battery, invasion of privacy, false imprisonment, trespass to land & the interference with chattels.…
If the defendant has duty of care to the plaintiff and breaches his duty of care, as long as it can be proved that the defendant’s careless conduct causes damage, injury or loss to the plaintiff while the damages are foreseeable, the defendant will be liable to negligence. The following shows why ABC ltd is negligent and therefore liable to Johnny and Kenneth.…