PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
FACTS AND BACKGROUND
This case arises from a November 14, 2010 fire, which damaged a Dunkin Donuts (the “Property”) owned and operated by the Plaintiffs. The Plaintiff’s had hired the Defendant to renovate the property. The fire occurred while the Property was closed for renovations, and the Defendant was in sole possession and control of the Property during the renovation. The fire originated at or near a gas-fired water heater that was located in a storage/utility closet at the Property. The Plaintiff asserts that the Defendant placed combustible materials near the hot water heater, which then caught fire. Accordingly, the Plaintiff seeks reimbursement of proceeds
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The Virginia Supreme Court has held that “the assured stands in the relation of trustee to the insurer to the extent of the sum paid, and he cannot even release the right of action, nor the action itself, if one has been commenced, so as to defeat the claimant of the insurer to reimbursement from the wrongdoer for the injury.” Brighthope R. Co. v. Rogers, 76 Va. 443, 446-47 (1881); see also 16 Couch on Insurance §§ 224:113, 224:179 (3d ed. 2013). Here, the Plaintiff plainly lacked any authority to release the claims of its insurer as subgrogee, nor could any such purported release actually operate to the Plaintiff’s insurer’s prejudice, if the Defendant had notice of the Plaintiff’s Insurer’s subrogation rights. See Rogers, 76 Va. at 446-47. The prior settlement agreement between the Plaintiff and Defendant clearly conveyed such notice to the Defendant. Accordingly, even if the settlement of Plaintiff’s counterclaim in the mechanic’s lien action precluded the Plaintiff from raising the claims at issue here, the settlement could not similarly preclude the Plaintiff’s Insurer from raising the claims as Plaintiff’s subrogee. Therefore, the Defendant has failed to meet its burden to show that the Plaintiff’s claims are precluded and the motion for summary judgment should be denied. See Scales, 261 Va. at
Doris Reed bought a house for $76,000.00 from Robert King. Mr. King and his real estate agent failed to disclose to Mrs. Reed that a murder had taken place in the home ten years ago. Neighbors told Mrs. Reed about the murders and the stigma associated with the house after she moved in. The property appraised in the amount of $65,000.00 with reference to the history of the house. Reed sued King on allegations of misrepresentation for the purchase of the home seeking rescission and damages to terminate the contact.
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
A former employee of a Pasadena Trader Joe’s filed a wrongful termination suit alleging he was fired for complaining about an instance of sexual harassment. The incident occurred during a holiday gift exchange. The former employee, Paul D. Roberts, complained after receiving a gift resembling a male sex organ at the 2014 Christmas party at one of the Trader Joe’s grocery stores located in Pasadena, California where he worked at the time.
DuPont has been known for its low reliance on borrowings. In the 1970’s, the company had to assume a substantial portion of debt of Conoco, a newly acquired company. In 1983, the managers have to decide about the future optimal target debt ratio. Should the company continue to keep about 40% of its assets financed via debt or should it strive to lower its borrowings to 25%?
Tim Horton's is a typical Canadian coffee shop. By observing and interpreting this setting, we can understand Canadian culture as it's expressed in that setting. Understanding this small part of Canadian culture can then be applied, in a broader way, to the culture of Canadian society. A certain language that is special to customers of Tim Horton's serves a purpose that most are not aware of, big business is changing and confusing our traditional culture with a new culture that is run and concerned with money by large corporations. Canadians are generally friendly and polite to one another but are not community oriented, they are more individualistic.
Despite it’s location Dot’s Donut Shop was about to get famous.Dot’s Donut Shop was located in a bad neighborhood full of crime.Police’s were absolutely horrified to come.Many people didn’t come out unless it was an emergency.So the donut shop suffered from lack of business getting done. The owner Mrs.Aurora is a tall ,light -skin,with hazel eyes. She’s owned the donut shop for at least twenty every since she came from Mexico 20 years ago.Business has never been this bad before now.Aurora doesn’t know what to do about this situation.She decided to keep trying and not worry about them people who were trying to kick her to the curb.So the next day she was officially about to be kicked to the curb but she she put in effort and perseverance,
Significant market growth for quality branded products seemed possible in Diageo’s core markets, given the size of the informal market and the fact that formal beer and spirits consumption was substantially lower than in developed markets. For example, formal beer consumption per capita was 4 liters per year in Ethiopia, compared to 78 liters in the U.S. and 72 liters in the U.K. Ethiopian spirits consumption per capita was 0.4 liters per annum, compared to 7.4 liters in the U.S. and 5.4 liters in the U.K.
According to Mergent Online database, Buffalo Wild Wings is a public company, so it has to follow the regulations of SEC and PCAOB and its stock is traded on NASDAQ. Buffalo Wild Wings operated 596 company-owned restaurants, which includes 590 Buffalo Wild Wings, four R Taco, and two PizzaRev restaurants in the U.S and Canada. The company also franchised an additional 579 restaurants, including 573 Buffalo Wild Wings restaurants and six R Taco restaurants. The company’s main source of revenue comes from its restaurant sales and franchise royalties and fee, and its popular entrée from the menu items include its Buffalo and New York-style chicken wings. The restaurant offers dining and bar areas that provide distinct seating choices for sports
Gamble, John E., Strickland, A.J. Thompson, Arthur “Whole Foods Market In 2006: Mission, Core Values, and Strategy”, Crafting & Executing Strategy 15th Ed., McGraw-Hill Irwin, 2007
On February 27, 1992 Stella Liebeck of New Mexico went to purchase coffee from Mc. Donald in her grandson’s car. Liebeck’s grandson then parked the car to give her an opportunity to put her cream into her coffee. The car transporting her at the time, had no cup holder so she improvised and placed the cup between her legs. During that process Liebeck spilled all of her coffee and was rushed to the hospital, because the coffee burn through the pants that she was wearing. Upon arriving at the hospital she was informed by the doctors that she suffered third degree on six percent of her skin. Liebeck suffered tremendously as a result of the burn. She was hospitalized for eight days and had to undergo surgery. Apart from that she was somewhat disabled for two years. Liebeck made attempts to settle with McDonald, she wanted them to be accountable for the injury she suffered. She wanted them to pay for the incurred expenses as well as the expense she anticipated in the future. McDonald on the other hand agreed to pay $800.00 but Liebeck was asking for $20.000. This case wasn’t settled using ADR methods so it became a trial (Wiki, n.d).
The long, debated question has been asked for decades… which doughnut company reigns supreme, Krispy Kreme or Dunkin Donuts? Many people believe that Krispy Kreme is better because of it more traditional flavors and being able to get their doughnuts hot and fresh. On the other hand, many people like Dunkin Donuts because it is more modern with many different flavors to choose from and The choices of a variety of hot or iced coffees. Many people love coming into Krispy Kreme and watch their doughnuts being made right in front of them. Watching the creamy, white glaze fall over the hot doughnut is a wonderful sight for anyone that wants to sink their teeth into a fresh, sweet doughnut. However, in today’s busy times people love that they can go to Dunkin Donuts and go in and get a coffee and a doughnut of their choice for a quick, delicious breakfast that can get their day started. Another question to be asked is the amount of stores there are for each and their advertisements. Are the two companies really as different as they seem, or are they similar in ways we don’t see?
It is a well known fact that most Americans can not start off their day until they have their morning coffee. Most people are constantly on the go, and they need their coffee fast and at a reasonable price. That’s were Dunkin’ Donuts comes into play. Dunkin’ Donuts is one of the leading coffee houses not only in the United States but globally as well. However, Dunkin Dounts has a powerful competitor, Star Bucks. These two coffee chains are reaching out to their target market in different styles that make each business successful.
Martha Stewart and Macy’s signed a contract saying that Macy’s could sell Martha Stewart branded products in Macy’s stores, including exclusive items like kitchenware and bedding. Over the years, Macy’s has made a massive profit from this line. Without consent, Stewart and JcPenneys made a deal saying that JcPenneys could sell home décor products out of Martha Stewart store-within-a-store locations at Penney’s stores. Macy’s sued them both for a breach of contract, and violating the terms of its original contract with Martha Stewart Living. Macy’s wanted JcPenneys to take certain items off of their shelves and demanded compensation for loss of profits. JcPenneys and Martha Stewart responded that the agreement they encountered with one
It was a dark and stormy night on Tabor’s campus. The wind howled like wolves over Sippican Harbor as the streetlights flickered. However, not even the intense weather conditions could stop my friends and me from adventuring. We struggled to trudge through the mud and torrential downpour to reach our destination, but we were running out of time. I thought to myself, “Will we make it?” I was losing hope. I wanted one thing and one thing only- my old fashioned donut, and I wasn’t stopping until I got it.
For years now Pizza Hut, Inc. has been the leader of the pizza industry. We have been privileged to have had the opportunity to perform research on advancements we can make to maintain this reputation. Based upon our Economic Analysis we have decided to not launch the BIGFOOT pizza. The following gives a detailed analysis, offers alternatives to improving the Pizza Hut experience, and gives reasons why we came to this conclusion.