The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied.…
Appellant believes the court hindered his ability to provide a defense based on his alibi that he was not present at the scene of the crime when the fire occurred and that he claimed the fire resulted by way of accidentally leaving a hot plate on. The prosecution proved the appellant conspired to ignite the fire later when he was not present. Prosecution also proved that by pouring the accelerant around the hot plate with the power on, is not indicative of an accident. The defense must prove "impossibility of the accused's presence," for which the court found no basis for error in the original trial.…
* Jones L Introduction to Business Law 1st, 2011, C11 the Tort Law of Negligence. P342…
Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.…
The claim made by Plaintiff Sandra Primrose demanded procedural examination of her injury case against Wal-Mart stores and consequent compensation in regard to a concussion and the injuries she sustained upon consideration of her case by the court. However, Wal-Mart responded by claiming lack of material fact on the side of the plaintiff and requested the court to favor the procedure to their advantage by rendering summary judgment in accordance with Ricks v. City of Monroe, 44,811 (La.App. 2 Cir. 12/0/09), 26 So.3d 858, writ denied, 2010–0391 (La.5/28/10), 36 So.3d 247 and in their favor according to Ricks, supra; Freeman v. Teague, 37, 932 (La.App. 2 Cir. 12/10/03), 862 So.2d 371.…
Plaintiffs argues recovery under the “reasonably Foreseeability” test, which would allow a Plaintiff outside the “Zone of Danger” to recover, which was adopted in Sinn v. Burd, 486 Pa. 146 (1979). The Court stated in response that the Plaintiff’s flexible interpretation of the “jurisprudential concept …which require[s] that the defendant’s breach of a duty of care proximately causes plaintiff’s injury,” was flawed. Moreover, that “at some point along the causal chain, the passage of time and the span of distance mandate a cut-off point for liability.” Id.…
4. That the act of negligence by the Defendant Herman A. Schulman as stated herein were the direct and proximate cause of the injuries that Plaintiff Dale M. Roehnig sustained and that under the facts herein set out, the Defendant Herman A. Schulman is liable to the Plaintiff for all injuries and damages.…
The Appellant’s lawyers filed this Motion for Summary Judgment asking the Court to dismiss the lawsuit filed by the Appellee based on the fact that there is evidence which shows that the “the defendant’s had no actual knowledge of visible intoxication” by Mr. Edward Hard, Mrs. Whites former fiancée. This would be the standard required in order for the plaintiff to recover under Indiana Law (Ind. Code Ann. § 7.1-5-10-15.5). Furthermore, they stated that the act of crashing into the White’s car was not the “proximate cause” of the injuries to the plaintiff and the death of her husband but rather the result of a criminal act by Mr. Hard. The defendants believe there are no disputes of the material facts in the case and ask that the Court grant their motion…
3) How were the elements of intentional infliction of emotional distress applied to that case? In other words, explain why the court concluded that there was enough evidence to establish intentional…
In a negligence suit, the plaintiff has the burden of proving that the defendant did not act as a reasonable person would have acted under the circumstances. The court will instruct the jury as to the standard of conduct required of the defendant. For example, a defendant sued for negligent driving is judged according to how a reasonable person would have driven in the same circumstances. A plaintiff has a variety of means of proving that a defendant did not act as the hypothetical reasonable person would have acted. The plaintiff can show that the defendant violated a statute designed to protect against the type of injury that occurred to the plaintiff. Also, a plaintiff might introduce expert witnesses, evidence of a customary practice, or circumstantial evidence.…
The court affirmed the judgment of the lower court in favor of appellee subcontractor, finding that promissory estoppel was a viable cause of action in a bid construction case. The court found that the award of damages based on this theory was factually supported by the evidence, and that there was statutory authority for the award of attorneys' fees. The determination of the rate of prejudgment interest also was proper.…
The final element needed to establish negligence requires that there be a close, reasonable, and casual relationship between the defendant’s negligent conduct and the resulting damages suffered by the plaintiff – in other words…
“The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought.” Illinois State Statute 735 ILCS 5/2-1116(c) (2011). Thus we must provide proof that the plaintiff, Mr. King contributed at least 51% of the negligence.…
There did not come into existence a valid written contract or contracts binding upon plaintiff and defendant there is no basis upon which to consider plaintiff’s claims for equitable relief or defendant’s affirmative defenses in opposition thereto. Specifically, therefore, I make no findings as to the issues of fraud and deceit, or any other of the equitable issues raised by defendant’s affirmative defenses.…
The court decided for the defendants to prevail because premises liability and negligent infliction of emotion.…