Ms. Espinoza stated that throughout the claimant’s probationary period from 8-3-2015 through his LDW on 11-25-2015, the claimant never reported any injuries or illnesses either to her or to Supervisor Mr. Gerardo Navarrete. Ms. Espinoza checked her personnel records and the claimant’s personnel file and did not find any injuries leading up to the claimant’s current claim of injuries that allegedly occurred on 11-20-2015. Ms. Espinoza stated that after the claimant’s termination on 11-25-2015, when the claimant was terminated for cause, approximately two weeks after she was served with legal documentation via the mail from the claimant’s attorney at the Law Offices of Jon M. Woods. The service was conducted on 12-14-2015. The claimant and…
Defenses: i. Rule: Superseding cause 1. Definition: When an event damages the connection between wrongful acts and injury to another person. 2. Analysis: Even though the Train Engineer was smoking marijuana before his shift, the FFW truck crashed into their train. Therefore, they should not be found liable.…
The applicant testified there were no witnesses to this incident. He claimed he believed he informed the companies supervisor, Mr. Greg Whitaker, the next day. However, as you know, there was a delay in medical treatment. I questioned the applicant regarding this delay. The applicant claimed it was the carrier’s responsibility to make an appointment and claimed he initially requested medical treatment the day after the date of injury.…
The witness was a passenger on the upper deck and was struck in the face by a tree branch sustaining a disfiguring facial injury. The witness tried the case against the insured and was awarded a verdict of $3,515,986 (claim # 22717*2013*16). Based on the events of this loss, the plaintiff’s counsel will argue, the insured had prior notice and failed in their duty to warn their passengers of the hazardous condition. The other issues that were detrimental to the insured’s defense, was the safety manager’s testimony; who acknowledged, the insured’s maintenance department was directed to post warning signs on the bus, however, this was never…
The defendant was under good care of his neurologist who deemed it safe for the defendant to operate his car. During that time, Jenner (Defendant) was driving home one day from work and crashed his vehicle…
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:…
An abnormality is a medically cognizable condition Lindblad v. Boeing 108 Wash.App.198, 31 P.3d 1 (2001). Toledo was medically diagnosed with a right shoulder cuff tear and fits the description of a disabled person thus meets the first prong in the prima facie case. Toledo is in a protected class. 2) Adverse Employment Action: The adverse action on the part of Custom Apple Packers is evident in the termination of Toledo while she was under orders to be on light-duty work due to her injury suffered on the job that left her with a short term disability. 3) Satisfactory Work: There is no mention that Toledo’s performance was anything less than satisfactory up to and during her on the job injury.…
A legal (“proximate”) cause is a question that asks if it's fair to blame a defendant…
It covers product design defects and whether the manufacturer to reasonable care to keep the consumer safe (782). A manufacturer should display warning defects on the products to avoid liability for injuries incurred by the purchaser. Failing to warn could be considerably costly to the manufacturer (783). The main problem with Negligence Theory does not necessarily protect the consumer, because the defenses against any claims have developed through Common-Law and Preemption (784).…
In the WA Court of Appeal a retrospective test has been adopted in order to establish causation. This test is called the “Operating or Substantial Cause Test”. I advise the prosecution to ask him/herself, was the accused’s act an operating or substantial cause of the damage. I advise the prosecution to argue that the substantial cause of death would be the push. Despite Hiro’s intoxication, the prosecution should argue that a normal person would still have suffered the same injuries.…
Disposition: Reversed. This decision is of importance because it establishes the idea of proximate cause as a limit on the scope of tort liability. Which means that the person can only be held liable for harm that is a reasonably foreseeable result of the wrongful act.…
After being assigned to draft a memorandum for your review regarding Myra’s accident. Enclosed below are the four elements regarding the negligence claims, and the potential defenses we may have against Myra’s Claim? There are four elements to the negligence cause of action: (1) duty; (2) breach; (3) causation; and (4) damages or injury. A defendant is owed a duty of care to all foreseeable persons who may foreseeably be injured by the defendant’s failure to act as a reasonable person of ordinary prudence would under the circumstances.…
If you are pursuing a wrongful death lawsuit in the name of a loved one, you are going to need to prevent evidence to prove your case and back-up your claims. Your evidence is going to need to demonstrate three different elements in order for your case to have the highest chance of success. It is important to note that this is not all evidence that you need to provide; your attorney will have legal power to request evidence and will gather the necessary evidence to prove the three points below. #1 What Exactly Happened…
36. a) Yes, because even though Peterman only provided Fogelman with a contract of agency that allowed him to sell the home, it can be inferred that he is also allowed to sell the piano that was still in the home. It does not have to be explicitly stated in the contract of agency. b)…
The impact caused the neighbor to fly 20 feet into an embankment causing her injuries and hurled Elizabeth under the defendant’s vehicle resulting in her death. The husband, Benjamin sustained injuries and ‘mental and emotional’ disturbances. Defendant filed an appeal. Procedural History: Multiple plaintiffs filed 3 different cases against defendant Graham.…