Client Gia Smith is a 42 years old female black African America born in New York City, United States. Client does not have a GED or High School Diploma. Client became pregnant at the age of 17 years old and client was obligated to drop out of High School. Client is eligible for Food Stamps and Cash Assistance. Client last employment was in 2001 as a cash register at a clothing store named Sterns. HS has observed client dresses appropriately at all times, is well groomed, has good hygiene and has adequate eye contact.…
On June 13th 2003, Patterson was walking through the common area of the University Park Mall ( the Mall) when she slipped and fell on a liquefied cheese substance, “which was like cheese whiz”. Due to the high volume of traffic, Patterson did not see the cheese substance prior to the fall, as she and her daughter passed through the mall that day. Patterson states she did not see anyone trying to avoid the cheese before she slipped nor did she notice anyone dropping it just prior to her fall. She states she did not notice anyone with cheese on their shoes or anyone who was tracking it with their feet.…
Currently, I am employed at Massood Law Group. The firm represents plaintiff and injured workers, but primarily focuses on representation of surgeons, medical facilities, and hospitals in No Fault (PIP) and Workers’ Compensation claims. My responsibilities and duties include educating and advocating on our clients behalf in workers’ compensation courts and associating in personal injury actions. With respect to the workers’ compensation field, I am able to take a case from the initial filing process to competition both for the injured worker and medical provider. I also researched and drafted pleadings, motions, and other legal documents necessary to resolve the case.…
My perception and understanding is an employee named “Susan Sheer,” who works for MedTech, has been receiving a working compensation claim from an injury at work. Her additional income is also from being a bar owner. The problem that has occurred is the earning from her work injury is inconsistent with her duties at the bar, from here reported injury claim. The purpose is to create a letter informing Susan that her fraudulent injury compensation claim is immediately being revoked. Mr. McKay (her boss), the company (MedTech), and Susan have to figure out a way to approach the situation in a professional and legal manner. The first thing I would do is to create a memo to the employees reiterating the company’s policy, federal, state and local laws as to worker’s…
Respondent superior is a legal word that gives an account to the liability of an employer for the activities of his/her workers. It's key to appreciate how this may have an effect on a personal injury case.…
In representation for Plaintiff, in writing, for recovery of damages in a potential case against “Gravel Is Us” Co. located in the State of Ohio. By these means, the following is the evaluation: According to our information, an employee of a dynamite blast company by the name of “Gravel is Us”, contracted by the State of Ohio, was negligent in failing to prevent you from entering its construction danger zone and causing severe injuries to you.The gravel company claims, that the street warning sign that they had previously; put up was sufficient enough to prevent harm, but are not denying their employees negligent actions.…
Settlement offer can be forwarded by any of the parties involved in the case. In most cases, the guilty party, an individual or a business or an organization, initiate personal injury settlement. A successful settlement can be useful for both the parties.…
This is a case about promises and accountability. It is not about opening the flood gates of liability for any social host who dares to have a party. The issue at hand is whether liability arises from two entirely separate sources of duty with the same set of facts. It can. Those who make promises should be held to account from those promises, whether or not someone had a beer to drink.…
The Department of Labor predicts strong growth for the paralegal occupation through the year 2010. (T)…
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.…
There are many defendants in this case. First and foremost Dale, the loss prevention officer for Wal-Mart, is a defendant because he intentionally restrained Bob against his will and the restraint was unlawful. Dale also failed to follow company rules; Dale was supposed to watch a video that explained how to catch and deal with thieves but decided not to watch the video. The second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would be vicariously liable for Dales actions.…
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…
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.…
Defense attorneys have an important role to perform as a member of the “courtroom workgroup” and the ultimate dispensation of justice (FindLaw).…
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.…