Jenner (Defendant) experienced an epileptic seizure while operating his vehicle that crashed into Maxine Hammontree (Plaintiffs) bicycle store causing her personal injuries and property damage to the shop owned by her. Plaintiff sued the defendant for negligence and total liability. However, the court rejected to impose absolute liability. The case was appealed by Los Angeles County Supreme Court. Facts: Jenner (Defendant) has had seizures in the past, but not since the DMV issued him a…
The case of Norton vs. Argonaut Insurance Co. was the result of a wrongful death suit initiated by the plaintiff’s, Glynace Norton and his wife Anne Norton, in an effort to recover damages for the accidental overdose and subsequent death, of their three month old daughter by hospital staff at Baton rouge General Hospital on January 02, 1960. In summary, the plaintiff’s infant daughter was diagnosed with a congenital heart condition shortly after being born and was given the drug Lanoxin, which…
Annotated Bibliography Keighley Maxted & Co. v. Durant [1901] AC 240 (Undisclosed Principle). The Court asserted that "A contract made by a person intending to contract on behalf of a third party, but without his authority, cannot be ratified by the third party so as to render him able to sue or liable to be sued on the contract, where the person who made the contract did not profess at the time of making it to be acting on behalf of a principal." This case is the base of my essay, I have used…
Having a will can make passing your assets to your heirs easier and can prevent a lot of fighting between family members after your death. Although it is possible to draw up you own will, you can create many problems by doing this. Working with an attorney, you can have a complete will drawn up. Every aspect of your last will and testament will be covered. The following are a few areas that an attorney can discuss with you. Naming your executor A will is more than a paper stating who is to…
At this stage in the proceedings all factors weigh against plaintiff. Regarding the first factor, Plaintiff states that he lives and resides in Childress, Texas; which is over 500 miles from Defendants’ premises. It can be determined that Plaintiff does not reside near Defendants’ premises. Moving to the second factor – Plaintiff’s past patronage – Plaintiff admits that he has no history of visiting Red Rocks, other than the concert which lead to this instant action. Regarding the third…
DEMAND FOR A VERIFIED BILL OF PARTICULARS PLEASE TAKE FURTHER NOTICE that the undersigned demands that the answering defendant serves upon plaintiff within thirty (30) days, a verified Bill of Particulars of the claims alleged in said defendant’s Answer, setting forth specifically and in detail the answers to the following inquiries: 1. As to the First Defense, particularize and identify the collateral sources rendered and the amount of collateral offset that is claimed. 2. As to the…
It seems Adrienne is constantly challenging her supervisor's directives, and exhibits insubordinate behavior via Non-performance, or making excuses and is not following our policy and rules: Non-performance, or making excuses. For example: Did not following instruction to verify phone numbers for Halsey VOIP project. Excuse: Not enough time. Refer to the attached: "Voip Halsey phone listing.pdf " On Thursday, February 11, 2016, after her getting the phone bill for Halsey, I…
In the case of Miryam v White Lead Carbonated Paint, the manufacturers of the paint company shouldn’t be held liable for the reasons listed below. Due to the Wisconsin statue 895.045. Statue 895.045 section 5 sub section 4 states "If more than 25 years have passed between the date that the manufacturer, distributor, seller, or promoter of a product last manufactured, distributed, sold, or promoted the specific product chemically identical to the specific product that allegedly caused the…
created on November 29, 2016 which appoints Defendant is attached hereto and incorporated herein as Exhibit “A”. On or about November 29, 2016, the Plaintiff and Defendant signed a POWER of ATTORNEY agreement granting DEON B. CARTER “grandchild”, legal permission to act as DENISE CYNTHIA HILL agent if at any time…
○ Facts: The insured defendant, Steven Fuller was in Alexander City, Alabama at an event his mother was hosting at her office, where she is a director for the United Way. Mr. Fuller had left the event and was returning to his home in Verbena, Alabama. He was traveling west on U.S. Highway 280 and traveling in the left hand lane. He spotted a Taco Bell, and attempted to cross the right lane and turn into the parking lot. He failed to see the plaintiff’s vehicle in the right hand lane and…