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Law 531 Week 4 Business Law Case

Decent Essays

Pete’s injury is considered a non-criminal matter. I have recently been assigned his lawyer and we are trying to use the alternative dispute resolution (ADR) method or civil litigation route to resolve the legal matters. After reviewing his case, he has sustained injuries from driving his four-wheeled all-terrain vehicle (ATV) when it rolled over on a trail behind his home. Due to his injuries, he has been out of work and has medical expenses. He is suing the manufacturer for the ATV being defective. As his lawyer, I would start by getting more information about Pete’s goal to determine if civil litigation or ADR would be most beneficial for him. I would explain to him that civil litigation consists of having an informal negotiation to resolve the dispute. The first step would be to file a complaint about the manufacturer. The manufacture will then be delivered the complaint. The defendant will have to answer the complaint. Then Pete or the manufacturer can file a motion to conclude if they wish. Once the pleading and motion has been filed, both Pete and the manufacturing company will get all the information together to present the case. The jury selection will randomly be picked by the clerk before the trial starts. Witness will be examined once …show more content…

The plaintiff by the name of Jacklyn McMahon went to trial in 2010. She had sustained major injuries causing her bones and part of her foot to have the skin and muscle be removed from the bone. In 2003, Yamaha brought the Rhino ATV into the market, which almost immediately had a tremendous amount of rollover incidents had occurred. Three years later, owners were informed that rollovers can occur and instructions were provided if the person was driving and felt any tipping. McMahon was awarded $1,398, 341.00 in compensatory and another $2 million in punitive damages. Based on McMahon’s case, Pete would have a good chance of winning the case. (Jackson,

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