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Tort law case studies on negligence
Tort law case studies on negligence
Car accidents effects essay
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Right now, Allana’s case can resolved at its lowest monetary expense to you. Her medical costs to date are very modest, and both party’s attorney fees and expenses are at their lowest. Allana has not yet proceeded on to more costly medical treatments, because she and Brock simply cannot afford that. Now is the time to consider settlement options, not when the costs have grown. The fact is that Allana’s ability to enjoy her lifestyle has been diminished. It is our experience that SW Missouri juries will adequately compensate Allana for her losses, especially considering the clear, aggravated liability, by a defendant who simply did not pay attention to her driving, which is so very sad. Allana will not only have a claim for her out-of-pocket …show more content…
She will have to deal with these issues every day and will have to seek treatment when her back pain and neck pain spiral out of control for her unforeseeable future. She misses her “extreme sporting”, and she worries that she will never be able to do that again. While no amount of money can compensate Allana for these losses, this is certainly a measure of damages that we will request from a jury. At age 25, there is no question that Allana’s life has been life has been inextricably altered. Her life expectancy is 58.1 years.. (Refer to Exhibit D, Life Expectancy Chart) For her human losses, we will request a jury award her $4,000.00 per year, which is a miniscule amount when you compare her current lifestyle to her prior lifestyle at the time of the wreck. Keep in mind that Allana’s past medical expenses shown below are from basically one year of noninvasive treatment. The way her back and neck feels right now, she knows that she will have to pursue further medical care. Based upon Allana’s injuries to date, a conservative amount of $5,000.00 per year for future medical treatment would not be out of line to request from a jury. We summarize the minimum damages in the following
On the morning of the 17th of May 2005, Nola Walker was involved in a two vehicle motor accident. She had just dropped her son off at his new job, when she ignored a give way sign at an intersection. When the ambulance arrived the officers, Nucifora and Blake, recall Walker being “able to converse” and “orientated”. Blake conducted multiple assessments and did her vital signs twice. The results deemed Walker to be within normal ranges, with the only noticeable trauma involving superficial skin injuries on the left hand, an abrasion over the right clavicle which was assumed to be a seatbelt injury. Ms Walker denied she was ever in pain. Nucifora mentioned on several occasions that it would be best to take Walker to the hospital to be further
Your honor, we the jury are here today to give our decision on the punishment in the case before the court titled the state of Texas v. James Broadnax. Your honor, as you and everyone in the court room here today recalls, the defendant was charged of murdering two people in their mid-to-late twenties. For the record purposes sir, let the record show the two victims go by the names of Mr. Stephen Swan and Mr. Matthew Butler. Let the record also further indicate the defendant goes by the name of Mr. James Broadmax.
On June 7th 2008, Sarah May Ward was arrested for the murder of Eli Westlake after she ran him over in a motor vehicle in St. Leonards. Prior to the incident the offender had been driving the wrong way down Christine Lane which was a one way street. Whilst this was occurring she was intoxicated, under the influence of marijuana, valium, and ecstasy and was unlicensed to drive. The victim and his brother who were also intoxicated, where walking down the lane and where nearly hit by the offender. This prompted the victim to throw cheese balls at the car and make a few sarcastic remarks regarding her driving ability. After a brief confrontation between the two parties the victim and his brother turned away and proceeded to walk down Lithgow Street. The offender followed the victim into the street and drove into him while he was crossing a driveway.
Although she was undeniably injured and her suffering is provable, she cannot establish that she was injured directly by Bob Barton¡¦s actions. The relevant case law for this situation comes from several cases from Kentucky: 761 S.W.2d 625, 597 S.W.2d 141, 147 S.W. 742, 112 S.W. 600, and 77 S.W. 361 among others. These cases establish the law as defined by the courts that without physical contact a claim for negligence cannot be reputable.
R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly
On October 24th 1993 in Saskatoon, Saskatchewan, Robert Latimer was convicted of second degree murder for the intentional killing of his 12 year-old daughter, Tracy Latimer, who suffered a severe form of cerebral palsy since she was born. Tracy endured seizures five to six times a day, could not take pain medication because it would interfere with her epilepsy medication, and underwent painful surgeries throughout her life to stabilize her body weight and correct spinal abnormalities. Just weeks before her death, her doctors planned to surgically remove her hipbone, which had become dysfunctional as a result of a previous surgery and spinal complication, and would have taken at least a year of recovery and been extremely painful. Her father,
Wideman’s injury is sufficiently severe under the law as. The controlling case, Jones v. Harris, 35 Md. App. 556, 371 A.2d 1104 (1977), held that the plaintiff’s injury was not severe as he only suffered from humiliation, already had a nervous nature and was not entirely disabling as he was still able to function properly in his daily life. In a similar case, Hamilton v. Ford Motor Credit Co., 502 A. 2d 1057 - Md: Court of Special Appeals 1986, the plaintiff was not able to prove that her injury was severe as she only experienced mild consequences that mostly just hurt her ego. This case held that the plaintiff did not prove that the injury leads her to suffer acute emotional distress that seriously debilitated her everyday life and
Patients seek medical attention from the nursing homes. There nursing homes get a large amount of financial aid on behalf of the government. The financial assistance is given in order to ensure that all the necessary health care facilities are available at the nursing homes. There are few fraud cases that have seemed to occur in the nursing homes. One of the fraud cases that is becoming very common in nursing homes is that the patients are charged wrong amounts for the services that they acquire from the nursing home. The patient generally comes with some disease to seek medical attention. The nursing home raises fraud cases by advising unnecessary tests and procedures to be done on the patients. These tests or procedures may not be required for the patient. As the patient is limited in knowledge, the tests and procedures are done on the patient while charging the patient with a heavy amount of bill. (LLP, 2016) The nursing homes does not cater the specific problems that ha been raised by the patient rather they start to encounter on more details that are unnecessary and not even needed by the patient. The case is about a nursing home in Washington that charges heavy amounts to the patient for unnecessary treatments and procedures. (PEAR,
In 2011, the van Kharka Chhetri was driving hit a median. The vehicle then flipped over, killing Chhetri and a passenger. The evidence verified that this crash occurred due to tire tread separation on one of the vehicle’s rear tires. Michelin North America manufactured the defective tire that caused this crash. Even though Michelin officials knew that there was a flaw in the tire's design, they neglected to correct it. The National Highway Traffic Safety Administration states that each year detective tires cause 8,000 crashes, 10,000 injuries and more than 400 deaths. A DeKalb County Jury awarded Chhetri’s family more than $15 million for causing the fatal crash.
Elizaveta Bulokhova was a 24 year old mother when she got the news that rocked her world. She and husband Roman Troubetskoi found out she had cancer. The Latvian-born Canadian model was diagnosed with cancer in her jaw -- an unusual place that can still have just as devastating effects as any other. Unlike most cancer stories, Elizaveta's is a little bit different. She was pregnant when the news broke and it lead to a terrible decision to have to make.
compensation to cure her injuries, there is no point of justice. And punishment is not a solution.
Her psychological damage done from the mistreatment by her mother and having a baby non-consensually should be taken into consideration. None of these make murder okay; However she was clearly immature and scared at the time. It was a mistake that she made when she was very young. If she had remained in jail for 50 years, she would be a senior citizen when released. She would miss the majority of her life and her youth to pursuit major accomplishments and redeem herself. Taking away one’s the opportunity to contribute to the world or pursue their goals would almost be taking away his/her life. Our society should promote the value of life and its potential. Originally, I did not think of the sentence in that way, but the class discussion invoked thought. Recently turning 18 years old, I slowly fathomed the magnitude of a near life sentence for a crime committed as a teenager. Why should one’s opportunity be taken away if he/she has the desire and potential to redeem himself/herself? I came to the conclusion that her redemption attempt deserved a shot. All people, especially young ones, deserve a second chance and allowing her to pursue her degree gave her
Recovery Journal – Part of the compensation you may be entitled to receive is non-economic. Non-economic damages include physical pain, emotional suffering, and mental anguish. Because these damages are not easy to quantify, it helps to have a detailed narrative of how your injuries impacted your daily life and your relationship with others. You should note your pain level, your emotional state, and activities you are unable to do because of your injuries.
Tracy’s father was faced with an unfortunate decision, and in his decision, I cannot condemn him for his actions. Now saying this I don’t believe what he did was particularly the right decision or particularly the wrong decision. As for his life sentence, it’s quite outrageous. My reasoning for this is because of his actual intentions and his mental rationale in doing so. He claims that he did it out of love and mercy, which I whole-heartedly agree with. With Tracy’s condition already being a significant trouble to live with and the fact that her surgeries brought her much pain and suffering is something that would be hard to bear. They claimed that she had the mental capacity of a four month old baby, so in that sense, it’s almost like watching an innocent baby constantly in pain. One part of the case says that Tracy’s mother believed that the many surgeries especially the one that removed her upper thigh bone were not surgeries but mutilations. I can see why her mother would think this. I can only imagine what it would be like to watch your loved one constantly be mutilated and going under the knife. Surgery and visits to the doctor alone can be stressful enough in itself, let alone ones that can be perceived as mutilations. Additionally the case states that Tracy had 5-6 seizures a day, which would imaginably be hard to watch and care for. Ultimately, I cannot in any way condemn Tracy’s
The National Highway Traffic Safety Administration estimates, “More than 10,000 young people in the United States are killed and 40,000 are injured in auto accidents when alcohol is involved” (“Understanding The Effects Of Alcohol: Drunk Driving”). Unfortunately, Jack was one of those individuals. Newly twenty-one, Jack was thrilled by the privilege to finally be able to drink legally. It was two o’clock in the morning, and the air was cold and dry. After a long evening of playing pool and enjoying drinks, Jack was now headed to his cozy home where his girlfriend was awaiting his arrival. The road was covered in a slight layer of pure white snow, as the December flurries began to set in. Jack knew there was snow on the road, so he drove along at a safe and careful speed. What he did not realize was that he slowly was gaining speed. As the alcohol began to catch up with Jack’s body, tiredness overcame him and he gradually dozed off. The next think he knew, he was lying in a hospital bed with his girlfriend apprehensively watching him. Once he regained consciousness, he was informed of his accident. He had skidded into the adjacent ditch, because of the slippery roads, and crashed into a tree line. His car looked like a piece of crumpled up wrapping paper on Christmas morning. Doctors said it was miraculous that he was even alive, but Jack was astonished to find out that he would never walk again. Although it may not seem like it to him or his family, Jack was very lucky to have had the accident he did. By making the decision to drive drunk, he could have risked an innocent individual’s