Preview

Summary Of The Hayes V. Oakridge Case

Good Essays
Open Document
Open Document
789 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Summary Of The Hayes V. Oakridge Case
In the state of Ohio, the courts have taken a pro-business approach, at least regarding the nursing home industry, as is evidenced, by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case, the case involved a lawsuit filed against The Oakridge Home, an Ohio nursing home, by a former resident, Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home, she suffered serious injuries in a fall and that the fall was the result of negligence by the nursing home staff. Oakridge entered a motion seeking a stay of the court proceedings because, Hayes had signed an arbitration agreement in which she agreed that any malpractice claims she might assert against Oakridge would be resolved …show more content…
Jake Damasiewicz is the grandson of John, and is also his appointed legal guardian. On January 8, 2018, they visited the Caregood Nursing home in Indiana to pursue the possibility of residency for John. During this visit, and while Jake was touring the facility, the Caregood Nursing home office manager informed John that he would need to sign an admission form and some medical papers to secure admission to the facility. John signed the papers and Jake was unaware and never notified by the nursing home that John signed any forms. On January 9, 2018, John was admitted to the facility. On January 12, 2018, John wandered out of the facility and was struck by a vehicle, and died. The Damasiewicz family filed a lawsuit against the Caregood Nursing home for negligence. The Caregood Nursing home filed a motion to dismiss the lawsuit and transfer the dispute to an arbitration panel, since John signed an arbitration agreement. It would seem that on the surface, the Hayes v. Oakridge case would be a controlling precedent, as the Caregood Nursing home attorney claimed. However, there are several interesting differences between these cases that I believe should prohibit the court from following the Hayes v. Oakridge case as precedent. First, is that the hypothetical case, is governed by the laws of the state of Indiana, the state in which John was domiciled. This is important, but not necessarily enough to change the Indiana court’s ruling from the Hayes v. Oakridge case. Nevertheless, I will make note of it, since the courts in Indiana are generally not required to follow the decisions of the courts of another state, though it is typical for the courts of one state to look to decisions of other states as influential statements of what the law should be in the state making the decision, where prior precedent

You May Also Find These Documents Helpful

  • Good Essays

    2. Taxpayers could deduct expense they substantiated with receipts and showed were related to their activities. But taxpayers were denied deductions for expenses they didn’t substantiate or show were related to…

    • 682 Words
    • 3 Pages
    Good Essays
  • Good Essays

    On Monday August 21st, A body of a 5-year-old boy was found dead in A drive way of a home in West Mobile. The next day a daycare worker had been arrested and charged with abuse of a corpse.…

    • 587 Words
    • 3 Pages
    Good Essays
  • Good Essays

    On November 5, 1983, defendants Elijah Anton Askov, Ralph Hussey, Samuel Gugliotta, and Edward Melo were charged with attempting to commit extortion against Peter Belmont. The following men Askov, Hussey, and Melo had existing charges on possession of weapons, pointing a firearm, and assault with a weapon. The defendants had been in business with Belmont for supplying exotic dancers to licensed premises. Belmont was offered to pay 50% commission to run a business with Melo and Gugliotta in the Toronto area. However, Belmont refused and contacted the police to file reports. On November 12th, Belmont and his bodyguard were approached by the defendants in a tavern which was under surveillance. Melo and Askov were arrested on scene. Hussey ran away but later turned himself in and was charged on November 14th. Gugliotta was arrested on November 30th. The defendants Melo, Hussey, Askov were denied bail and were placed in custody for 6 months. On May 7th, the three men were ordered to…

    • 649 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    MILLERSBURG — A Wooster man has denied criminal charges he was in possession of methamphetamine when he was pulled over for a traffic stop in January.…

    • 177 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Special Court Martial, Convicted in violation of Articles 86, 91, 92 of the UMCJ, 10 U.S.C. §§ 886,891 and 892 (1982) United States v. Collier, Jr., 27 M.J.806 (A.C.M.R. 1988),…

    • 387 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Procedural History: Mr. Schiavo requested the guardianship court to permit him to end the life-prolonging procedures that were supporting his wife, who was in a persistent vegetative state. Theresa Schiavo’s parents, Robert and Mary Schindler, opposed the motion and brought the case in to trial. After the court granted Mr. Schiavo to end the life-prolonging procedures, the case was brought to the appellate level which affirmed the decision. Although the guardianship court’s order was affirmed during the appeal, allowing Mr. Schiavo to stop the procedures, the litigation continued because Mr. and Ms. Schindler’s filed a motion for relief from judgment under Florida Civil Procedure and in civil division of the circuit court. The Second District agreed to review the evidence but ultimately affirmed the guardianship court’s decision in the end and gave Mr. Schiavo permission to remove Theresa’s nutrition tubes. However, six days later, under the Legislative enactment, Governor Bush sigh the Act of the Legislative into law and ordered Theresa Schiavo to continue staying on nutrition…

    • 802 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…

    • 97 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Mapp vs. ohio: The surrounding of the case was the police came in her house try to find a bomb suspect they found the bomb suspect but they also found pornograph pics of her self so she was arrested that day. The supreme court's decision was that when a police officer is searching you or your house they have to specify what they are looking for. The courts decision maid a big change because the cops if they come in your house looking for a gun but they find a knife they cant arrest you for it because they have to specify what they are looking for.…

    • 107 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act, mens rea is a guilty mind, and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye, he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum sentence of up to four years when arrested three times for driving on a revoked license. The prosecutor sent Frye's counsel a letter that offered two possible plea bargains. If he was to plea guilty the charge could be reduced to a misdemeanor…

    • 397 Words
    • 2 Pages
    Good Essays
  • Good Essays

    After Robinette was pulled over for speeding and given a warning, technically he was free to leave. But he was asked if his car could be searched and he consented. Robinette claims he would not have consent if he knew he could have declined. So he feels that the officer should have stated something along the lines of “you are free to go” before asking to search the car. Robinette feels this is a violation of his right within the Fourth Amendment. It is then discovered that the Fourth Amendment does not require the suspect to be advised he is free to go before consent is considered voluntary.…

    • 339 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There are very few circumstances in which the U.S. Government can suspend the civil liberties of its citizens. During World War II, President Franklin Delano Roosevelt issued Executive Order 9066 which gave the military the power to declare any place in the United States a military zone. This led to many Japanese American throughout most of the West Coast being relocated to interment camps. When Fred Korematsu refused to be relocated the Supreme Court ruled in favor of the military despite suspicions of racism. There were Supreme Court Justices who disagreed with the decision but the ruling still passed.…

    • 516 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Roberts v Colorado State is a case based on former members of the Colorado State University women's varsity softball team ("ROBERTS v. COLORADO STATE UNIVERSITY | Leagle.com," n.d.). During the summer of the 1992, CSU experienced many financial burdens as their state aid was taken away and many beneficiaries bailed out. This put the school in a deficit, causing them to drop many of their sports teams. One of which was the women’s softball team. The players found this to be wrong because they were not given fair warning nor told why they were being terminated just that they were.…

    • 599 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The case of Thompson versus Oklahoma raises a number of issues regarding the trials and punishment of juveniles for heinous crimes. This case was argued on November 9, 1987 and involves the trial of fifteen-year-old William Wayne Thompson. Along with his older brother and two friends, William Thomspon brutally murdered Charles Keene, his sister’s husband. His motive was revenge for abusing his sister. William Thompson was a “child” according to Oklahoma law, but he was tried as an adult, convicted with murder, and sentenced to death. The Court of Criminal Appeals of Oklahoma upheld this ruling. Because he was only fifteen years old at the time of the murder, this ruling violated the Eighth Amendment, causing this case to be brought to the Supreme…

    • 182 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The case Hazelwood v. Kuhlmeier is a very interesting case because it requires the courts to balance two very important values of American society, freedom of speech and education. Many Americans have made countless sacrifices to ensure that we can enjoy both freedom of speech and one of the best education systems in the world. Due to the fact that these values are so important to the American people, it is no surprise that the decision had to be ultimately made by the Supreme Court of the United States. It is also not surprising that due to the nature of the case, the Appeals Court had a different decision than both the District Court of Missouri and the Supreme Court of the United States of America. Although I find merit in the dissenting…

    • 260 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Essay Questions The essay questions below are worth 7 points each. 26. There are some very clear cut and distinct rights that all participants of psychological tests are privy to. Discuss the importance of adhering to these rights.…

    • 1346 Words
    • 6 Pages
    Good Essays