Under Mr. Frye’s automobile insurance policy’s definition of occupancy, Cameron was occupying the vehicle at the time of breaking his foot. A person is occupying a vehicle if they (A) have a relationship with the vehicle, and (B) have virtual contact with vehicle at the time of the accident. A. Cameron had a relationship with the vehicle by putting it on a jack and running it backwards by placing a concrete block on the gas pedal, and continuing to monitor the vehicle in the garage. An injured party needs to have a relationship or nexus exist between themselves and the insured vehicle at the time of the accident to have their injuries covered by the vehicle’s insurance policy. Salinas v. Econ.…
A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.…
Raymond Smith recently bought a new car from a car dealership. The sales contract he signed contained language expressly denying liability for personal injuries caused as a result of defects in the car. It also limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine what would be the result if Raymond Smith sued the dealership.…
Applying negligence per se shows that the plaintiff was in the class of individuals who were protected by the statute. However, the harm that occurred was not the harm that was supposed to be prevented by the statute. Since the harm that occurred by the accident was not meant to be prevented by the statute it is not apply to the case at hand.…
Spence case, both parties were in a lawsuit about informed consent. The physician failed to tell the patient of the risks that can happen while going into surgery and any risks that can happen after the surgery. The patient was told of the surgery but did not ask for any additional information. For my personal choice in this case i would find both sides responsible for some of the factors that has happened in the decision making of the physician and the patient. I believe that if the patient has a well grounded mind then the physician should tell them about all the risks for the precare, the surgery itself, and the postoperative care. All of this information can help to save the hospital from a lawsuit. Also, when the patient is presented with an illness that can be helped with an operation they should always do some research about it. This includes being able to ask additional questions and concerns to the…
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.…
ISSUE Is the defendant negligent and liable for injuries to the plaintiff? RULES In negligence, a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present.…
Fully describe each and every way in which you have been adversely affected by this accident, including but not limited to pain and suffering and the parts of your body affected thereby, loss of enjoyment of life, permanent injury, disfigurement or impairment, loss of mental faculties or capacity, impairment of earning capacity, and modification or cessation of activities.…
Under the traditional choice-of-law rule of lex loci delicti (The law of the place where a wrong was committed.), what conduct constitutes contributory negligence is a question of substantive law which is governed by the law of the state where the injury occurred. Thus, whether contributory negligence of the plaintiff precludes recovery in whole or in part in a negligence action is to be settled by the law of the place of the wrong. A comparative negligence statute likewise is part of the substantive law of the state, and therefore, the effect of the plaintiff's comparative negligence also will be determined by the law of the jurisdiction in which the wrong occurred.…
The Defendant has to take a responsibility if the accident happened in their area or property. Additionally, the Plaintiff also negligence in their action lead to the damage so they also have a duty to themselves.If Plaintiff contributed in some way to their own loss or injury, liability will be appropriated between defendant and the plaintiff (Ingram v Britten)…
Under Washington case law, plaintiffs are required to prove causation with expert testimony if alleged injury involves obscure medical factors. [cite]. The trickier question is whether the expert needs to demonstrate a direct causal link between the alleged injuries and the negligent act or if the expert merely must demonstrate that the plaintiff’s injuries are of a type that can be caused by the negligent act. Washington courts have come down on both sides of this question.…
Negligence law states that a person or an organization is generally liable when they negligently injure others.…
First case: Henry runs the red light and, as a result, collides with Mary's car which is proceeding lawfully through the intersection, injuring Mary. Henry's negligence is both the actual and proximate cause of Mary's injury.…
Nick Salvatore's book Eugene V. Debs Citizen and Socialist provides a very detailed account of the life and times and Eugene Debs. Debs was born in Terre Haute Indiana and Salvatore emphasizes the important role that this played in Debs upbringing. Terre Haute was ripe with religious fundamentalism from its founding. Religion permeated everyday life throughout Terre Haute. Salvatore writes that, "In newspaper editorials, political speeches, civic dedications and Sunday sermons they assured the kingdom of God had already arrived and that their town was destined to become the center of the Kingdoms Midwest development." It is striking how the ideals of the Terre Haute community based in religious fundamentalism and a strong industrial economy provided a seemingly Marxist critique of a capitalist system in the 1860's well before Marxist ideas had widely spread to America. Terre Haute's social construct was unique in that there was the undeniable American value of individual achievement stressed but here the role of community was necessary to achieve this. In Terre Haute it was believed that for individual prosperity the progress of the community as a whole was necessary. Salvatore explains this best himself writing, "The individual was firmly wedded to his community by both the bonds of daily life and by the expectations of future success. The ideas of individualism, self-interest and community appeared to meld." This seemingly socialist ideology that man relies on himself and his brethren for progress and success was critical to Debs' formation of his values and ideologies. Even the Superintendent of Terre Haute schools offered this, "If we shall limit the education of the masses and trust the education of the few for directive power and skill we must expect to be ruled by monopolies, demagogues and partisans" Throughout his life Debs constantly fell back on his Terre Hautian upbringing to reinforce his political values…
1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…