also asks who is responsible for one’s injury. In this case‚ Mrs. McKoy claims her injuries were caused by T & J’s negligent behavior. In order to prove negligence‚ T & J must be guilty of five elements: duty of due care‚ breach‚ factual cause‚ proximate cause‚ and damages. Duty of due care means that the defendant has a duty to the plaintiff if he or she could have foreseen injury to a particular person. A person at work has an increased duty of care and must act as a reasonable person in his
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and dislodged scales at the other end of the railroad where Ms. Palsgraf was awaiting her train; due to the injuries Ms. Palsgraf sued the Long Island Railroad Company. Is the Long Island Railroad liable for damages to Ms. Palsgraf with regard to proximate cause on the employee’s actions? Rule: The Appellate Court of New York Held that the employees were not negligent in their actions and therefore did not have a duty to Ms. Pelgraf. Additionally‚ it was determined that there were no wrong or wrongful
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must have actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished‚ and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death‚ injury‚ or damage alleged in the complaint” (Gumprecht‚ 1). The intent of this courtroom process is to challenge the State of Indiana law regarding material fact‚ while also arguing the defendants’ motion for summary judgment
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Page 1 The problem is found on page 313 of your textbook. Here is it‚ recapped: 2. Douglas Margreiter was severely injured in New Orleans on the night of April 6‚ 1976. He was the chief of the pharmacy section of the Colorado Department of Social Services and was in New Orleans to attend the annual meeting of the American Pharmaceutical Association. On Tuesday evening‚ April 6‚ Mr. Margreiter had dinner at the Royal Sonesta Hotel with two associates from Colorado who were attending the meeting
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Courtroom Observation Liberty University presented a case of White v. Gibbs which is about Mrs. Debbie White and Patrick Gibbs under the civil provisions of Indiana’s Dram Shop Act‚ Indiana Code 7.1-5-10-15.5. In this case Mrs. Debbie White sued Patrick Gibbs and O’Malley’s Tavern. Because White and Gibbs do not live in the same states‚ the suit was brought in diversity in the United States District Court for the Northern District of Indiana. However‚ the suit will be decided under Indiana state
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the mirror in the particular way he did at that exact time‚ the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of “but for” or “actual causation” as used in Handout #2. However‚ the law typically only imposes liability where the defendant’s conduct is the “proximate cause” of the harmful event/ crime. b. However‚ it seems like Frank didn’t do anything “wrong.” Try to elicit why this result
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negligence‚ Jason Davis is not in the best position‚ as he doesn’t have to have malice towards or the intent to harm the plaintiff. Causation of fact is present as well‚ considering Davis knocked down Esposito and if he hadn’t knocked her down there wouldn’t be an injury‚ making the act the proximate cause of the injury. A case of negligence requires a causation of fact and proximate cause before it can be brought. The U.S. Court of Appeals ruled the following three factors that indicate whether Davis owed
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breach of duty must be the cause of harm to the plaintiff. The law looks at two types of causation—actual cause and proximate cause. Often‚ injury and harm is the result of a chain of events. The person who is the actual cause may or may not be legally responsible. Proximate cause is that act in the natural‚ direct‚ uninterrupted sequence of events without which the injury would not have occurred. Proximate cause seeks to decide who‚ in that chain of events‚ is responsible for the harm. This can
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plaintiff. Justice Cardoza found that the railroad was not the proximate cause of Helen Palsgraf’s injuries. The concept of proximate cause is one that is less than precise. In today’s world of business can we still be sure that the reasoning used by Cardoza still applies? Has a new standard developed? In reviewing the materials in the text you should be able to discuss the issue of causation in a meaningful and dispassionate manner. Proximate cause (or legal cause) can be defined as the point at which
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TORTS – PRETEST (5 points each) Question 1 A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS? intentional infliction of emotional distress conversion BATTERY slander Question 2 AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____. assumption of risk contributory negligence comparative negligence ALL OF THE ABOVE Question 3 ASSAULT‚ BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON’S BODY. INTENTIONAL
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