Procedural History:
• The trial court entered judgment for Plaintiff against both defendants.
• The defendants appealed
Key Facts: Plaintiff and defendants went on a hunting trip. Plaintiff explained them safety rules and instructed them to be careful when shooting. However, while hunting, defendants fired in Plaintiff direction, injuring him in his right eye and face. It was unknown which pellet was fired by who. The plaintiff brought suit for negligence against both defendants.
Issue: How the court should assign the damages, if plaintiff does not know which one of multiple negligent parties caused the injuries? Reasoning/Rationale:
• Rule: When there are both wrongdoers, then they are both negligent toward plaintiff.
• Analysis:
Was it right that the player’s value was not high enough to hold him legally responsible for his breach of contract?
As a group, team A collectively provided input and decisions on our MSRP in order to increase sales and attempt to gain market shares. Thus we wanted to understand the price sensitivity of the different target markets to set the appropriate price (Winer & Dhar, 2016, p. 248). We carefully reviewed the MSRP performance summary provided, starting with the first period, comparing it to the average retail price by way of the channel report (ARPCR). The original price for Allround was $5.29. At that time we were $.40 higher in price than our competition however the team felt that with the $.50 coupon discount we were offering, we would fall in line with other over-the-counter Besthelp who was our immediate
Plaintiff and defendant were teammates in an amateur hockey league sponsored by the Northbrook Park District. On April 20, 1990, plaintiff and defendant were warming up prior to a game. During warm-up, defendant shot a puck that missed the goal and hit plaintiff near the right eye. Plaintiff lost 80 percent vision in that eye.
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry
The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements
In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their
Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right-to-sue letter. The court dismissed the claims. The law firm did not try to re-file using the correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young that the claims had been dismissed, and that the firm was withdrawing from representing her further with the case.
14. The Defendant Gaden Griffin showed abusive, neglectful Behavior prior to the plaintiff injuries. The Plaintiff asked the Defendant Gaden Griffin prior to the injury of said Appliance “not to let go, I can’t handle this by myself”. At the beginning when the plaintiff and the Defendant were lifting and moving the said appliance, then the Defendant Gaden Griffin said back in a sarcastic tone “don’t worry I’m not going to let go” approx. 40 seconds later the Defendant Gaden Griffin let go without warning. The plaintiff took the blow of the weight of said Appliance injuring the Plaintiff.
Plaintiff Brian Martin attended a high school graduation party hosted by Defendant Lee Martin. The majority of guests were between the ages of seventeen and twenty. There were two kegs of beer available at the party, as well as other alcohol provided by the guests. One guest, Matthew Marciano, had a history with Mr. Martin. During the party, a fight ensued between Marciano and the plaintiff’s friends. Marciano left the property, but later returned with Chijoke Okere, who was carrying a baseball bat. Okere struck Mr. Martin on the head. The defendant went inside her house and locked the door, refusing entry to those who were trying to help the plaintiff. Mr. Martin suffered considerable brain damage from the injury.
Three other procedural modifications were sanctioned by the Supreme Court in the Gregg decision. The first was divided hearings, wherein deliberations for the penalty stage and guilt are held separately. It is only after the jury decides if the defendant is guilty of capital murder does said jury get to decide in the second trial if the death penalty is warranted or if a lesser sentence is more appropriate. Another reform was the practice of automatic appellate evaluation of verdicts and punishment. The final procedural modification from the Gregg decision was a practice that assisted the state in recognizing and removing sentencing differences. It was through this method, the state appellate court was able to liken the verdict in the case
Pt is a 15 y/o African American male presented at NNBHC with a dx of PTSD, ODD, ADHD, Bipolar Disorder, and Depression, who have been demonstate emotional instability and aggressive episodes in the home. Pt discussed that he have been having difficulty controlling his anger when triggered for getting trouble. Pt stated that he god in troubled for hiding soiled clothes in his drawer, where his mother found them. Pt stated he became upset and demonstrated verbal aggression which includes threats and foul language. Pt states that he black outs and have mind/body experiences where he lose control over his actions. Pt states that during his anger outburst typically one of his parents have to tell him what he has done. Pt states he is easily trigger by being called “fat” or discussion of his bed wetting. Pt discussed he frequently have phobias in new places due to believing he may be sexually assaulted again which intensify his nighmares and nocturnal enuereis.
Sylvia Burwell Secretary of Health and Human Services Petitioners vs Hobby Lobby Stores and Conestoga Wood Specialties Corporation vs Secretary of Health and Human Services (U.S 2014)
Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were
There was no defence for defendant because there was no any voluntary assumption and contributory negligence by the plaintiff. Plaintiff didn’t fully understood and took the risk by himself and not even he contributed himself to take that injury.
Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002)