Case Name and Citation NUNN vs. MASSACHUSETTS CASUALTY INSURANCE COMPANY 743 F.3d 365 (2014) Court of Appeals Second Circuit Summary of the Key Facts in the Case Ronald Nunn and Donald Vaden are former National Basketball Association referees. In September 1996, both plaintiffs were taking part in a referee training camp that was located in New Jersey and attended a union meeting that was hosted by the National Basketball Referees Association.…
Summary: Jim, who lives in Detroit Michigan, had a few drinks at a local bar but was not intoxicated. Before he left he asked the bartender for a drink of water, who in error gave him a 6oz cup of 40% Vodka. Jim drank it quickly noticing the strength of the liquid but figured it was his imagination as he had requested water. The Vodka went straight to his head and he became intoxicated, causing him to lose control of his car which jumped a curb and killed two people. Jim was arrested and put on trial under Michigan’s “causing death while operating a motor vehicle while intoxicated” statute which carries a 15 year prison sentence.…
The Judge then handed the floor to the plaintiff attorney Richard Whitley introduced himself and his client which was named Michelle Moore. The defendant name was Joshua Muniz. He stated that the case was a motor vehicle accident and had already been trialed at a criminal court, which Defendant Muniz had plead guilty and was on probation and has severed community service for committing the crime. Moore was now suing for Punitive damages and mental anguish for damages that were occurred during the accident.…
In 1977 Fusilier v. Russell dealt with intoxicated drivers and the police failure to arrest. The plaintiff brought criminal action against two Louisiana Sheriffs for failure to arrest or restrain an intoxicated driver. The subject had later become involved in a motor vehicle accident that left the victim/plaintiff severely burned. Prior to the accident deputy sheriffs were responding to a call from a nightclub where they were to evict a disorderly customer. When the officers arrived they noticed an intoxicated person in the parking lot.…
On September 18, 2015 at approximately 2220 hrs, I was dispatched to 1609 Route 130, Farraington Inn, for a report of aggravated assault. Upon arrival, I spoke to Frank Toth (victim) who claimed that Tammy Whitehouse (defendant) hit his head with a beer bottle. Toth was getting evaluated by the first aid squad on scene. Toth was bleeding from his ear and neck from lacerations about 4 inches in length. I was not able to determine whether the cut was from the beer bottle or it was from Whitehouse’s fingernail as the victim stated that he was also hit by Whitehouse with her hands.…
New York, NY: Harper & Row Publishers. Feinman, Jay M. (2000). Law 101: Everything you need to know about the American legal system. New York: Oxford University Press. Kort, Michael.…
I. Introduction Our client, Shawn Kemp (“Kemp”) has filed suit against Janice Matier (“Janice”) alleging Intentional Infliction of Emotional Distress (“IIED”). The suit is based on Janice’s unauthorized posting of our client’s personal information through the use of social media with a caption that posted GPS coordinates of Kemps house. Kemp alleges Janice’s Twitter post has caused him IIED. Janice’s conduct was not extreme and outrageous when she posted the picture, because her conduct was not atrocious and utterly intolerable in a civilized community. Janice’s post did have a causal connection because Kemp’s distress is directly attributable to Janice’s conduct.…
PLAINTIFF’S TRIAL BRIEF REGARDING ADMISSIBILITY OF CRIMINAL CONVICTIONS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff Lauren Coon, who makes and files this Trial Brief regarding the admissibility of Stanley’s criminal convictions, and will respectfully show the court the following: 1. Under rule 404 of the Texas Rules of evidence, “a party accused of conduct involving moral turpitude may offer evidence of the party’s pertinent trait, and if the evidence is admitted, the accusing party may offer evidence to rebut it.” TEX. R. EVID. 404(a)(2)(B). Opposing counsel’s may ask “have you heard” or “were you aware” about specific instances of misconduct inconsistent with the character trait brought into issue by the defendant as rebuttal…
370 U. S. 660-668 on drug addiction. B. 393 U.S. 483 (89 S.Ct. 747, 21 L.Ed.2d 718) William Joe Johnson, Petitioner, v. Harry S. Avery, Commissioner of Correction, et al. No. 40.…
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…
The Article also pointed out in the first six years following the MADD Canada report cards there had been more than 65 legislative changes. (MADD Canada) This is a large success for MADD Canada as within 6 years they had made changes to the legislation which indicated that the movement was working. Also the formation of MADD started in about 1982, extensive research demonstrates that at this period and until 1996, there was a decrease in drunk driving fatalities in Ontario. (Asbridge, et al, 2004, p.…
PLAINTIFF’S COMPLAINT AGAINST DANIELS Roosevelt Cannady alleges that on or about April 2, 2015, he was struck by construction scaffolding as he entered a store owned by Saving Incorporated d/b/a Dodge’s Store (Dodge’s Store) and/or Savings Oil Company. He claims that Defendant James Daniels d/b/a ABC Contracting Services (Daniels) was performing construction on the store’s roof at the time, and Daniels’s negligence during construction was the direct and proximate cause of his injuries. On February 26, 2016, Cannady filed a lawsuit against Dodge’s Store, Savings Oil Company, and Daniels. Cannady alleges that Daniels was negligent because he allowed an unsafe condition to exist at the store, knew or should have known of the unsafe condition, and he did not remedy the unsafe condition.…
Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…
Requiring these citizens to use these devices to start their vehicle, as well as every 15 minutes after while in the vehicle, (ABI) serves as an interest group standing firm in support of the restaurant and beverage industry. The American beverage institute is very forthcoming in their opposition, saying that the ignition interlock device would hinder citizens from enjoying alcoholic beverages at social gatherings or after hard day at work. (Maplight) another opposing view comes from the standpoint that the victim movement of drunk driving was not because of an occurrence of intoxicated driving because unfortunately that was happening long before the emergence of MADD but instead stems the feeling of loss, emptiness and injustice that needs to be resolved. (Reinarman, 1988, p. 91) “Reinarman (1988) suggest from the MADD perspective, then, the aperture of attribution for all the suffering in social cost that they claim are caused by drinking driving is constricted; only the loan deviant comes into focus.…
Alcohol and its consumption has had a tumultuous history, at best, concerning the United States. From the clear stance against the consumption of alcohol embodied in the temperance movements and the eventual prohibition of alcohol through the eighteenth amendment to the U.S. Constitution to the equally clear acceptance of alcohol signified by the repeal of Prohibition through the twenty-first amendment and the proliferation of bars and liquor shops throughout the country, it is apparent that in the U.S. there has been a divide concerning how alcohol and its consumption should be – if at all – regulated. Beyond the general issue of the production, sale, and consumption of alcohol, though, there lies the issues of ‘who should drink how much and…