Preview

Bradshaw Vs Rawlings Case Study

Powerful Essays
Open Document
Open Document
1036 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Bradshaw Vs Rawlings Case Study
The case of Bradshaw v. Rawlings concerns events that occurred on April 13, 1975. The plaintiff, Donald Bradshaw, was seriously injured in an automobile accident. During this time, he was enrolled as a sophomore at Delaware Valley College and had been attending his class picnic. At the end of the picnic, he left as a passenger in Bruce Rawlings vehicle. Shortly after departure, Rawlings crashed his vehicle into a parked vehicle.
Due to this collision, Bradshaw suffered serious injuries including a cervical fracture which caused quadriplegic paralysis. The plaintiffs alleged that Rawlings was negligent in operating his vehicle and that Delaware Valley College was guilty of negligence as it failed to supervise students at the class picnic.

There were many unique issues surrounding this case. The first being that both Rawlings and Bradshaw were under the age of twenty-one at the time of the incident, however, both were suspected of intoxication at the time of the collision. This assumption was confirmed later on during trial as it was proven that Marjorie E. Moyer had supplied alcohol to the sophomore class at the picnic. Additionally,
…show more content…
Nor did he obtain another faculty member to attend the picnic as his substitute” ( ). Additionally, flyers displayed all across campus, advertised the class picnic with the promotion of alcohol on them. This was problematic as “the internal regulations of the College prohibited the use of intoxicants by students under the age of twenty-one years” ( ). In other words, the above evidence would suggest that the College was apparent of the potential danger of danger in the use of alcohol by young

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Underage drinking around state college, or anywhere is common. They're young and reckless. Penn State has a code of conduct, "we need to do a better job of communicating behaviors/consequences that are already in place". Students who are being disrespectuful to the code of conduct and not following these rules, will be expelled. That's no doubt. It's what young students…

    • 318 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    In the case of White v. Patrick Gibbs and O’Malley’s Tavern, Mrs. White is suing Mr. Gibbs and O’Malley’s Tavern in the death of her husband, Mr. White. Mr. Edward Hard was a patron of the tavern the night of the accident with Mr. and Mrs. White. Mr. Hard was in a relationship with Mrs. White before she married Mr. White. Mr. Hard saw Mr. and Mrs. White leave the tavern on this night and followed them out the door. Mrs. White observed Mr. Hard drinking several alcoholic beverages while they were there. When Mr. and Mrs. White where leaving Mr. Hard confronted Mr. White telling him that “she should be my wife” and “this is not over.” After Mr. and Mrs. White got in their car and were leaving the establishment, Mr. Hard followed them driving recklessly. He was swerving across the road, driving in the opposite lane, and hitting mailboxes. His recklessness and inability to drive due to being intoxicated resulted in him crashing into Mr. and Mrs. White’s vehicle ultimately killing Mr. White and severely injuring Mrs. White. This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, Jordan Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White.…

    • 1382 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Ms. Hollar’s neck was examined and the records state that the examination was negative for injury or acute deformity. The neurological examination was negative for altered mental state and loss of consciousness. A CAT scan and x-rays were negative. After the accident the plaintiff was seen by Dr. DaRoach and the doctor noted, “ She has no pain going to lower extremities, no weakness in the upper extremities and denies any headaches/blurred vision/weakness in legs.”…

    • 520 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Law 531 Case 5.1

    • 1237 Words
    • 5 Pages

    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.…

    • 1237 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Mr. Class V.: Case Study

    • 1180 Words
    • 5 Pages

    (#4-7) According to the case, the plaintiff should not be held as semi liable for his injuries while attending the Daytona International Speedway. My client should receive a decision in his favor because NASCAR and the Daytona International Speedway were and are negligent in how races are conducted, the design of the speedway, and the lack of safety barriers to protect spectators, such as my client, from being severely injured during an event. There were several issues that NASCAR and the Daytona International Speedway are responsible for that resulted in the traumatic injury my client sustained. According to my client the numerous problems that resulted in the plaintiff’s injuries are:…

    • 1180 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Case Brief

    • 340 Words
    • 2 Pages

    Court of Claims ruled in favor of Morgan and ordered a trial to pay for damages. The defendant appealed and the appellate court dismissed the claim. Morgan appealed in Court of Appeals.…

    • 340 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Binge drinking is a reality of college life in America and perhaps the central focus fraternity life. In Henry Wechsler’s article entitled, “Binge Drinking Must Be Stopped” Wechsler discusses that freshman’s learn during the first week of school where the alcohol and parties are and often has a binge drinking experience even before purchasing a text book. The argument is that freshman’s know where to get alcohol at their first week of school, so they often come back for more and become abuse of alcohol. Wechsler argues that Universities and Colleges presidents should take care of abuse drinking. Wechsler present very little of the opposing side.…

    • 355 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Aed 201 Week 6

    • 781 Words
    • 4 Pages

    |Name of Case: Aaron Moore Vs. Willis Independent |was later diagnosed with inflammation of the Esophagus |negligence. The teacher could obviously tell that the student was indeed |…

    • 781 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Truck Accident In Texas

    • 373 Words
    • 2 Pages

    A family recently reached a settlement for injuries caused by a 2007 tractor trailer accident after seeking representation from a personal injury law firm in Texas. A family of three, injured in a Texas 18 wheeler truck accident near Chappel Hill, in Washington County, recently received a settlement of $435,000 after being represented by The Carlson Law Firm (Cause No 2011-CI-00049). The suit was filed in the 150th Judicial District Court of Bexar County, Texas. According to the Texas personal injury attorneys, the lawsuit stemmed from mounting medical costs endured by the family after their vehicle was struck from behind by a tractor trailer truck in April 2007. Approaching the intersection of U.S. 290 and FM 1155 at a high rate of speed, the driver of the tractor trailer truck, David Lynn House, was unable to come to a stop, smashing into the back of the family’s vehicle and propelling them into a car stopped ahead of them.…

    • 373 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In Froma Harrop “Stop babysitting College Students,” she argues, that college students are to blame for their drinking habits. She also argues that “prohibiting local businesses from selling alcohol to college students,” or banning companies selling alcohol from sponsoring college events and activities, or preventing champagnes at fundraising events, or family occasions will not stop the college students from drinking.…

    • 227 Words
    • 1 Page
    Good Essays
  • Good Essays

    This source is creditable because Ruth Engs is a well educated person who teaches at Indiana University. She teaches in the Applied Heath Sciences department and the issues covered in that field closely relate to issues dealing with alcohol. Also in the title it states that her opinion is based off of research.…

    • 3325 Words
    • 14 Pages
    Good Essays
  • Better Essays

    So this would be a possible explanation as to why many students at the high school are participating in such behavior. If the students at the high school are encountering such things as drunk…

    • 1194 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Today in America you can not go through high school with out being put in a situation to consume alcohol. Ruth Clifford Engs an applied…

    • 2133 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    Legal Memo PA110

    • 361 Words
    • 2 Pages

    A similar case would be Timmerman v Modern Industries, INC. 960 F.2d 692; 1992 U.S. App. LEXIS 6205. This case involved a collision between a truck (Defendant, Modern Industries) and a person (Timmerman). Timmerman died due to his injuries resulting from the accident. The decedent’s mother brought a wrongful death suit against Modern Industries. Timmerman was found to be 51% at fault thus the claim against Modern Industries was denied. Timmerman’s actions before he collided with Modern Industries are what led to the accident in the first place. An example of one of Timmerman’s contribution to the accident is:…

    • 361 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The trial court rendered judgement in favor of plaintiff against both defendants(Duplechin and Duplechin's liability insurer, Allstate Insurance Company). Both Duplechin and Allstate contend that the trial court erred: in not finding that Bourque assumed the risk of injury by participating in the softball game and was guilty of contributory negligence. Duplechin also contends that the trial court erred in negligent. Allstate further contends that the coverage under its policy which excludes injury intended or expected by the insured.…

    • 488 Words
    • 2 Pages
    Good Essays