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Narrative essay on motorcycle accident
Narrative essay on motorcycle accident
Motorcycle accident essay
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$200,000.00 Motorcycle Accident Settlement Mr. A. sustained multiple fractures to his fingers when an automobile illegally turned left in front of him. The insurance company contested Mr. A’s residency under one of the underinsured policies and the extent of his injuries. However, we were able to secure a settlement in his favor. $150,000.00 Premises Liability Settlement Ms. O, an exhibitor at the Tempe Festival of Art, tripped in a pothole while crossing Mill Avenue. As a result of negligence of the premise owner, Ms. O sustained torn cartilage in her knee requiring surgery and an ankle fracture. $100,000.00 Automobile Accident/Wrongful Death Settlement Mr. A’s son died as a result of the improper installation and/ or maintenance of
Facts: A minor and his mother filed suit for damages against Tri-County Orthopedic physicians for false diagnose and filling a child abuse reports. The Michigan Court of Appeals rule that child abuse reporting statue provides immunity to persons who file the child abuse was report in good faith even if the reports were a negligent diagnosis which was cause of the child bone fractures. The court also appealed that damage of shame and humiliation was not recoverable to Michigan statute. Immunity from liability did not extend for damages of malpractice which has been the result from the failure to diagnose the child disease.
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
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
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
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.
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
This trend began to ebb with MacPherson v. Buick Motor Co., and the ruling by an appellate court that favored MacPherson, the plaintiff. This case, however, was more a result of political expediency than a reasoned verdict based on fact. In this case, the plaintiff argued that his 1911 Baby Buick had a defective wheel that collapsed while traveling at a low rate of speed, hitting a telephone pole, and pinning him under, breaking his wrist and cracking several ribs; however, the facts of the trial revealed that the accident as it was recounted by the plaintiff was a physical impossibility, but due to the increasing pressures to dispense with privity rulings, the court imposed on the defendant the responsibility of inspecting and discarding defective wheels, implying causal negligence even though the plaintiff had driven the vehicle for more than a year in less than perfect road conditions without a mishap. (MacPherson Tort Story; MacPherson v. Buick Motor Company: Simplifying the Facts While Reshaping the Law, Pg.
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
At Ten P.m on September 23, 2006, my mother Kelli Elizabeth Dicks was hit by a car on Route 146 southbound trying to cross the high speed lane. She was being picked up by a friend. Instead of taking the exit and coming to the other side of the highway, her ride suggested she run across the street. The impact of the car caused her to be thrown 87 feet away from the original impact zone and land in a grassy patch of land, her shoes stayed where she was hit. She was immediately rushed to Rhode Island Hospital where she was treated for serious injuries. When she arrived at the hospital she was rushed into the operating room for an emergency surgery. The amount of injuries she sustained were unbelievable. She broke 18 different bones, lacerated her liver and her spleen, ruptured her bladder, and she collapsed both lungs. When she went in for her emergency operation, and had her
The plaintiff Woodson is a resident of the state of New York and purchased a vehicle, an Audi, from the Seaway Dealership in the State of New York. The plaintiff Woodson was injured while in Oklahoma, which was caused by a defect in the car. The plaintiff sued the dealership and the other defendants to recover personal injuries in an Oklahoma State court. All defendants were served under he long-arm statute. The dealership and importer objected to the Oklahoma court’s personal jurisdiction.
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
The Small Claims Procedure The small claims procedure is regulated by RSA 503 in 1973. It is a simple, speedy, and informal method by which an individual appears before a judge of the district or municipal court, presents his or her claim, and explains why another person or business owes money to him or her. Small Claims Court can award up to $5000 in damages (larger claims can be heard, but the maximum that can be awarded is $5000). Although not required in Small Claims Court, any persons or businesses involved in the proceedings may be represented by a lawyer if they wish. Another aspect of a small claims proceeding is that a judge may ask to hear any evidence deemed relevant and proper, since the technical rules of evidence do not apply in a small claims proceeding.
In this essay about tort law, I talked about a tort case that has personally impacted me. To do this, I provided a background of the event, applied facts of the case to applicable law, summarized lessons of the week as they related to this case, and provided a plausible argument for the parties involved. This is a prime example of a breach of a tort law, and the case is currently in the process of litigation. It is likely that the parties involved will reach an agreement out of court, but may in fact be brought to trial. References Cross, F. B., & Miller, R. L. (2012).
Once I could bend my knee again, I started playing sports again. I took a break from basketball, but I kept up with softball and volleyball. My knee didn’t feel quite the same, but I thought that would pass. During my volleyball camp at Olivet Nazarene University, I was jumping up to block and when I landed my knee buckled and I knocked over my friend Christie. I could not believe this happened again! After I couldn’t get up, once again, the coach insisted that I go and see Ozzy, the trainer. He checked out my knee and thought I had torn my meniscus(the cartilage in the knee joint) and possibly had a small tear in my MCL(the inside tendon of the knee). He insisted that I go to O.A.K. Orthopedics (a health care office that includes 8 orthopedic surgeons) to see Dr. Ellis.
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.