Maussner V Atlantic City Country Club Case Study

Decent Essays
Maussner v Atlantic City Country Club 691 A.2d 826 (1997)

Facts of case- The plaintiff (golfer) was playing golf with his friends, but then it started to rain and not just raining but thundering as well. He and his friends were making their way back to the golf course when the plaintiff and his friend got struck by lightning on the defendant’s (golf course owner and operators). The plaintiff and the friend managed to live, but the plaintiff was left with serious injuries. The plaintiff then proceeded to sue the owner of the golf course for negligence because the golf course had no shelters for him to take cover, the safety procedures for thunderstorms were put up after the defendant got struck by lightning as well as there were no devices

Related Documents

  • Improved Essays

    Case Citation: Maryland v. Pringle, 540 U.S. 366 (2003) Parties: State of Maryland, Petitioner / Appellant Joseph Jermaine Pringle, Defendant / Appellee Case Facts: On August 7th, 1999 a Maryland police officers legally stopped a car for speeding in the early morning hours. The car was occupied by three men, to include the Defendant/Appellee Joseph Jermaine Pringle. The Officer that initiated the stop saw a large roll of cash in the glovebox while the driver was retrieving his registration. All men were checked and cleared for outstanding warrants and a warning was issued to the vehicles driver. The officer requested and was granted permission to search the vehicle.…

    • 659 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…

    • 983 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was knocked unconscious by a Rivemen skater who had body-checked him. While body checks are common in the game of hockey, the manner in which this particular body check occurred opened itself to question of whether it should be seen as something more criminal.…

    • 896 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Pervear v. Massachusetts was a case over the issue of prisoners' rights brought to the United States Supreme Court in 1866. The Court was asked to rule on fines imposed upon a liquor dealer by the state. Pervear was licensed by the United States under the current internal revenue code to keep and sell liquor. He was fined and sentenced to three months of hard labor for failing to have a state license for his liquor store. He pleaded that he had a license from the United States under the internal revenue acts of Congress, he had paid a tax for the keeping and selling of intoxicating liquors, and that the fine and punishment imposed and inflicted by the law of Massachusetts was cruel, excessive, and unusual.…

    • 365 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Issue: Whether the defendant owed a duty of care to the plaintiff, and can prove the plaintiff was trespassing by entering onto the defendant’s property without permission and subsequently injuring themselves by operating the defendant’s tractor. Rule: Sioux City & Pacific Railroad Co. v. Stout, 84 U.S. 657 (1873) Analysis:…

    • 343 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The issue is the following: Are similarly situated college applicants being treated dissimilarly on the basis of race in violation of the 14th Amendment Equal Protection Clause? The holding is that similarly situated college applicants are being treated dissimilarly on the basis of race. The Supreme Court finds in favor of Abigail Fisher. The plaintiff has been injured by the actions of the defendant.…

    • 358 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    James Hitesman was a registered nurse and shift supervisor at Bridgeway, Inc, nursing home. He displayed concerns to management about that amount of infectious diseases within the nursing home. He claimed that the incidents of infections were rising at a disturbing rate. The management did not take care of the situation as he desired. Therefore, he told a television reporter about the problems in this nursing home.…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Causing or allowing to exist a dangerous condition on the grounds; c. Failing to warn of a dangerous condition for which Congden and Maple knew or should have known existed on the grounds; d. Failing to use the care and caution that a reasonably prudent person would in the circumstances then and there existing. As a direct and proximate result of the Defendants’ acts and/or omissions, the Plaintiff has suffered injuries and damages as set forth above, all of which are in direct violation of the common law and Statutes of the State of South Carolina. 15. Ameche is therefore informed and believes that he is entitled to judgment against Congden and Maple for actual and general damages as well as punitive damages. WHEREFORE, the Plaintiff, Carl Ameche, prays for judgment against the Defendants, Margie Congden, Leroy Congden, and Maple Meadows Campground, for actual, consequential, special, and punitive damages in an amount to be determined by a jury, and for such other relief as the Court may deem just and proper.…

    • 825 Words
    • 4 Pages
    Great Essays
  • Decent Essays

    In the case of Florida Bar v. McAliley, it is my position that it is a meritorious case. This case is about a male that used his status in the legal system to get what he wanted. It was found that McAliley filed frivolous motions in order to have a different outcome of the case between him and his ex-wife. McAliley did not want to pay child support there for he utilized numerous lawyers to file motions that were found to be a waste of the courts time. It was found that McAliley was held in contempt of court, suspended from his legal duties as well as requested that he get a mental evaluation to see if he was able to practice law.…

    • 448 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The ruling, which occurred during the Vietnam War, granted the students the right to express their political opinions as long as they did not disrupt the classroom. Their First and Fourteenth Amendment rights could not be restricted based on a “general fear of disruption,” which is what the administration argued. According to Justice Fortas, who wrote the majority opinion, the protest was a “silent, passive expression of opinion.” Though a few hostile comments had been made to the students who were wearing armbands, there had been no threats or acts of violence. Also, there had not been any findings that the armbands would substantially interfere with school operations or more importantly, harm the rights of other students.…

    • 772 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    The plaintiff then fell backwards and hit his head on the pavement. The defendant was charged with the intentional tort of battery. The Court in that case ruled that the defendant’s use of force was not excessive since the defendant, on numerous occasions, asked the plaintiff to calm down, and the plaintiff instead became physical with the defendant by pushing him. The court stated that since the plaintiff was intoxicated and belligerent towards the defendant it was reasonable for him to believe that the plaintiff was a reasonable threat therefore his force in defending himself was not…

    • 1778 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Every year society makes more advancements in technology. In the essay “Why Place Matters,” by Wilfred M. McClay and Ted V. McAllister they inform readers of why it is important to have physical connections to places. The authors’ message emphasizes how globalization is now possible thanks to technology. They also believe that due to globalization people are losing touch of their physical connection with places and people. We can now communicate with other parts of the world in seconds, however due to this advancement the world is becoming placeless.…

    • 889 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Krouse v. Graham 19 Cal.3d 59, 562 P.2d 1022, 137 Cal. Rptr. 863 Facts: The Krouse family was returning from a grocery shopping trip and their car was parked on the curb. When Elizabeth (the wife) and Vinka Mladinov (neighbor) were returning to shut the door of the car, Graham hits a curb and rear ends the parked car. This results in the hitting the neighbor (Mladinov) and Elizabeth (the mother).…

    • 558 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…

    • 1534 Words
    • 6 Pages
    Superior Essays