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.…
As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.…
This paper will consider the facts associated with the case of Stella Liebeck versus McDonald’s, resulting from Ms. Liebeck’s efforts to collect for damages sustained when she spilled extremely hot coffee into her lap in 1992. The issues, applicable laws and the conclusion the jury reached will also be covered as well as the subsequent impacts on American tort law following this decision.…
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…
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.…
1. Workers’ Compensation. Angus, as a condition of his employment, lived in a mobile home owned by his employer, Deff Industries. The mobile home was located on the grounds of Deff’s plant and was purchased by Deff to house the Angus family because it wanted Angus to “maintain a constant presence on the premises.” Although Angus ordinarily worked out of an office located in a different building, the mobile home had a telephone, so Angus would be able to contact company drivers and customers as needed. One day, Angus returned to the mobile home and awaited the arrival of a truck on company business. About fifteen minutes after Angus had arrived at the…
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.…
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…
“ 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.…
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…
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.…
For Mrs Sunita’s case, the factors that contribute to her cancer are age, exposure to radiation, obesity, alcohol intake and genetics.…
The Rose Company is building a new plant to reduce cost, improve the quality of products, and maintain competitive leadership by gaining a slight production advantage. The main obstacles to be overcome are the commissioning of a new plant, new methods and process, and administrative reporting issues. As the newly hired General Plant Manager, I plan to resolve these issues by insisting that all plant communications flow through me, instituting training for plant personnel and setting operational expectations.…
Cited: Ball, Christopher A., and Bethany K. Laurence. Take Charge of Your Workers’ Compensation Claim. Nolo; 2nd…