14. As a further result of the injuries sustained by Plaintiff, there is a reasonable probability that Plaintiff will require further medical care and attention and will incur future reasonable and necessary expenses for medical care and attention. Plaintiff’s doctors estimated over $100,000 in future medical bills, plastic surgery, and counseling to be incurred by Plaintiff.…
Statement of facts- Samantha Smith was shopping at a local grocery store in Indiana a few months ago and had an accident. She slipped and fell on some shampoo that had leaked out of one of the bottles. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses. The shampoo on the floor was a clear gel. The store alleges that Samantha had a duty to avoid the spill in the aisle. The store claims that she is at much as fault as they are. Further they allege that she was too distracted by her 2 year old son in the cart, who was misbehaving, to notice the floor.…
The question being presented today, is if both parties involved are equally responsible? Ms. Smith does in fact possibly hold some sort of comparative fault in this case. The grocery store did complete their scheduled aisle check just thirty minutes before Ms. Smith slipped. IND. Code Ann. §34-51-2-5 (WEST 1998) states that “in an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimants contributory fault, but does not bar recovery”.…
A “suit” is defined to include a “civil proceeding in which damages because of ‘bodily injury’ . . . to which this insurance applies is alleged.” At present, no suit has been filed against the insured for the losses sustained. Determining whether an insurer has a duty to defend is accomplished by comparing an insured’s policy against allegations made against the insured in a complaint. Under the Section II – Liability part of the policy, a suit is a condition precedent to the insurer’s obligation to either defend or indemnify the insured for liability…
John was badly, but not fatally injured. While he was recovering in hospital, John received a legal demand, accompanied by a statement of claim, requiring that he pay the costs incurred in repairing the ambulance .and that he compensate its driver Mary for the shock she received.…
I wanted to contact you before you will start planning the schedule for November. First, on Nov.13th, please, schedule me in the morning or from 10 o'clock. There is a meeting of Parent Discussion Series at this time and I would like to have opportunity to attend it.…
Mary Smith was transported to St. Vincent’s Medical Center via ambulance after the auto accident. At the hospital, a surgeon and cardiologist were consulted and Mary Smith was x-rayed over numerous parts of her body. She was treated for cardiac contusion and a comminuted fracture of her os calcis and Achilles tendon. Nine days later, Mary Smith underwent surgery and catheterization to repair her broken ankle and Achilles tendon. During her wait period, she developed an infection. She remained in a cast for six weeks after the surgery. After the removal of the cast, she received physical therapy for six weeks.…
“ Rose clean this house and go to the market”, the crazed woman yelled. Only 14 rose is treated like a slave by her own mother, even worse she was terrified to go to the market. Although the market does not seem like a terrible place to visit, Rose would also have to visit her cousin on the way. Roy was much older and bigger than rose, he is almost 18. One week ago it started, Roy approached Rose on her way to the market. He confronted her of having a secret admirer, it was against her mother's rules to have a boyfriend. “ Please don't tell mother uncle Roy, i won't see him again i promise!,” Rose cried. Her dear uncle promised not to say a word, but she would have to be punished. Roy walked her into his house, “I will not hinder your beauty”, Roy stated. Roy unbuttoned her versed jeans, he did not pull her pants down he stuck his hands in her pants and began to punish her. Rose traveled to the market and returned home unphased, she was unaware of severity of what occurred. Rose was a little confused to the type of punishment she received, that night she googled it. She was disgusted, embarrassed and contaminated. Rose had no close friends to tell, she was too scared to tell her mother she decided to handle it on her own.…
In an obvious attempt to avoid application of the workers ' compensation law, the complaint stated that all exposures originated in Silkwood 's apartment. A pretrial motion for the exclusive application of the workers ' compensation law was properly denied because accurate issues had not been resolved as to how the exposure occurred. The Kerr-McGee assertion that workers ' compensation applied to the personal injuries was reasserted at the conclusion of the case and in the motion for judgment not withstanding verdict. The trial judge 's refusal to…
Now I will turn it over to Sammy and he will talk about the theme.…
Unexpected accidents are the most common causes of workers’ compensation claims. For example, falls, slips and trips are the most common cause of workplace injuries. Being struck by or against an object is the second leading cause of injuries. Immediately after the accident, inform…
Bob has a dispute with Ace Company over a perceived product defect. Bob hires a lawyer and after discussing the facts and issues, Bob’s attorney agrees to file a lawsuit against Ace.…
In 1992, Stella Liebeck, a 72-year-old woman, went through her local McDonald’s drive-thru to get a cup of coffee. The coffee spilled on her lap, resulting in third-degree burns on her thighs. Her injuries caused her to sue McDonald’s. In the beginning, she offered to settle the case for $20,000, which would have covered her medical expenses and her lost income. McDonald’s, however, never offered any more than $800. The case went to trial. The jury found Liebeck partially-liable, which reduced her compensation that she would receive. But because McDonald’s had not been willing to correct their policy about their coffee temperature, even after hundreds of other injuries before this, the judge awarded Liebeck $2.7 million dollars. I agree with the ending of this case. I do see how Liebeck was at fault; she shouldn’t have had the coffee anywhere near her body while trying to open the lid. But had McDonald’s just changed their policy and changed the temperature of the coffee, Liebeck wouldn’t have been burned as badly as she had…
Cited: Ball, Christopher A., and Bethany K. Laurence. Take Charge of Your Workers’ Compensation Claim. Nolo; 2nd…
1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…