Preview

Stelluti V. Casapenn Enterprises, LLC: Case Study

Satisfactory Essays
Open Document
Open Document
258 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Stelluti V. Casapenn Enterprises, LLC: Case Study
Stelluti V. Casapenn Enterprises, LLC, D/B/A Powerhouse Gym
Appellate Court of New Jersey, Decided August 5, 2010
FACTS Fitness center member Gina Stelluti sustained various injuries while participating in a fitness class. The plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike, which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court had granted that request. This request was granted due to a liability contract that cleared the defendant of negligence and gross negligence.
ISSUE Is the defendant liable for the plaintiff’s injuries despite the fact that the plaintiff had singed
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Citation- Legal Brief
    • 1352 Words
    • 4 Pages

    Citation- Legal Brief

    The appellant signed a form releasing Kevin’s night club from any liability that might occur when riding the mechanical bull. Kevin’s placed mattresses around the mechanical bull to help cushion the fall when riders where thrown from the bull. However, it was found at the time of the appellant’s injuries the mattresses where not pushed adequately together. The appellant was thrown off the mechanical bull hitting his head on the floor where there was a gap in the mattresses causing serious head and other injuries.…

    • 1352 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Encino Motorcars, LLC V. Navarro Et Al: A Case Study
    • 404 Words
    • 2 Pages

    Encino Motorcars, LLC V. Navarro Et Al: A Case Study

    The case of Encino Motorcars, LLC v Navarro Et Al is a perfect example of an employer declining to issue of overtime pay to an employee. This case brought different points of view to the overtime pay by various regulatory bodies. The Fair Labor Standards Act (F.L.S.A), The U.S Department of Labor, District Court, the Ninth Circuit and The Supreme Court of the United States. There have been a no. of exercised authorities leading to view promulgations from the original amendment. The case is still an active case.…

    • 404 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Business Law the Essientials 9th Ed. Case File 1-2
    • 429 Words
    • 2 Pages

    Business Law the Essientials 9th Ed. Case File 1-2

    (Facts) The State of Georgia has enacted a law requiring contoured rear-fender mud flaps on all trucks and trailers operating within Georgia. Thirty-five other states allow straight mud flaps and Florida requires straight mud flaps.…

    • 429 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Business Law Case 3-3
    • 282 Words
    • 2 Pages

    Business Law Case 3-3

    Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material?…

    • 282 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    S. Co. Inc. V.
    • 216 Words
    • 1 Page

    S. Co. Inc. V.

    The court affirmed. Business income generated by S corporations flowed directly to appellants for taxation purposes and retained status as it passed to appellants. Appellants availed themselves of Ohio's benefits and opportunities by earning income through Subchapter S corporations. The S corporations' business activity removed appellants from immunity ((LINCCWeb Catalog Search, n.d.).…

    • 216 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Case Project 1 Bu2 Week 2 Business Law
    • 571 Words
    • 3 Pages

    Case Project 1 Bu2 Week 2 Business Law

    If Mary damages a client’s hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman, 2010, p. 81).” The reason I state, that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary register their boutique name with the United States PTO in Washington, DC, and the PTO approved it, there should not be any legal problems. If Celia and Mary decide to offer…

    • 571 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Samantha Smith Case
    • 800 Words
    • 4 Pages

    Samantha Smith Case

    In our case Samantha Smith had an accident in a retail store where she slipped on shampoo that had leaked from the bottle and suffered a broken hip. In her suite against the store Samantha claims the store is at fault; however, the store claims that Samantha failed to exercise due care while shopping and that she is partially to blame for the accident. The three articles below pertain to our case in one way or another.…

    • 800 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    Business Law BUSI561 Case Study 1
    • 1652 Words
    • 5 Pages

    Business Law BUSI561 Case Study 1

    In order to determine the integrity of the recruiter and the CEO, we first need to understand what integrity is. The term integrity is used in the business literature to describe different leadership traits. David Bauman highlights an example of integrity's multifaceted nature provided by Bill George who is one of the most influential practitioner/writers on leadership today (Bauman, 2013). In his book Authentic Leadership George writes,…

    • 1652 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Mr. Class V.: Case Study
    • 1180 Words
    • 5 Pages

    Mr. Class V.: Case Study

    (#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:…

    • 1180 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Case Brief
    • 340 Words
    • 2 Pages

    Case Brief

    The claimant, Morgan, sustained severe physical injuries caused by an accident which occurred as he was driving a two person bobsled during a national championship race. Morgan was an experienced rider who had been bobsledding for over 20 years and had competed in the US Olympics. He also testified that he was familiar with this particular course and had raced on it many times prior to this race. The area where the accident occurred was recently reconstructed and substantially modified but was approved by FIBT, the regulating authority of the sport. Morgan brought a lawsuit in the Court of Claims stating that the design of the exit ramp was the cause of his accident and injuries. The defendant, State of New York, which owns and operates the mountain, stated that the athlete assumed the risks of a dangerous sport and was primarily to blame for the accident.…

    • 340 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    X
    • 483 Words
    • 2 Pages

    X

    Both Duplechin and Allstate contend that the trial court erred: in not finding that Bourque assumed the risk of injury by participating in the softball game; and in failing to find that Bourque was guilty of contributory negligence. Defendant Duplechin also contends that the trial court erred in finding him negligent and in finding that the injury to plaintiff Bourque occurred four to five feet away from the second base position in the general direction of the pitcher's mound. Allstate further contends that the trial court erred in finding coverage under its policy which excludes injury intended or expected by the insured.…

    • 483 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Case Study Of Chapter 8: Legal Considerations In Sports Medicine
    • 1098 Words
    • 5 Pages

    Case Study Of Chapter 8: Legal Considerations In Sports Medicine

    According to the text negligence is, “a type of tort in which an athletic trainer fails to act as a reasonably prudent athletic trainer would under the circumstances.” In this situation, Christine was negligent through omission, meaning that she failed to do something that an athletic trainer should have done in the situation. Christine should have first asked the athlete if she had ever taken Ibuprophen before and if she had any poor medical reactions to the medication. After asking the athlete, Christine should have referred to the athlete’s records to ensure that the athlete is okay to take Ibuprophen. The omission in this case may be proof of the conduct portion of a negligence claim. Another step in proving negligence is if Christine breached a duty owed to the athlete. The big question is, did Christine exercise the standard of care that other athletic trainers would have performed in this case? If so, then breach of duty won’t contribute to the negligence claim, but if not then it will be. Finally, the easiest determinant of negligence in this case would be damage. Did the breach of duty, if any, cause any harm to the athlete? What we know from the case is that the athlete became violently ill, so therefore the athlete was harmed and I think it is safe to say suffered from damages. These damages would confirm the damage portion of the negligence claim. In this case the physician and Christine would be liable so they could face consequences to any titles that they have towards their names just as certifications or licenses. The school could also face liability issues over this situation. To address these liability concerns there should be some risk management put into place to deal with this case and any future cases. If done well enough these risk management techniques such as avoidance, transference, retention, or reduction should help prevent any future situations. A new policy and procedure…

    • 1098 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Case Summery Baroupue V Duplechin
    • 488 Words
    • 2 Pages

    Case Summery Baroupue V Duplechin

    1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…

    • 488 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Carell V. The Shubert Organization, Inc.: Case Study
    • 614 Words
    • 3 Pages

    Carell V. The Shubert Organization, Inc.: Case Study

    The importance of utilizing all the sources of the Agreement on Trade-Related-Aspects of Intellectual Property (TRIPS) is illustrated in the following case:…

    • 614 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Moewisity
    • 1020 Words
    • 5 Pages

    Moewisity

    REAL RIGHT power belonging to a person over a specific thing, without a passive subject individually…

    • 1020 Words
    • 5 Pages
    Satisfactory Essays
    Read More