Sandra Primrose v. WAL-MART Stores, Louisiana Court of Appeals, 2nd Circuit (2013)
Facts: On September 8, 2009, while 73 year old plaintiff Sandra Primrose was shopping in a Wal-Mart, tripped over a watermelon display and fell, causing her to sustain a concussion and other serious injuries. After grabbing a watermelon from the display Ms. Primrose tripped over one of the corners while returning back to her shopping cart. On the same day after her incident Ms. Primrose filed a suit for damages against Wal-Mart claiming that it was the store owner’s negligence that led to her accident. On October 15, Wal-Mart filed a motion for summary judgment which was granted under La. Rev. Stat. Ann. § 9:2800.6 stating that there was a very small chance
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
A case that has been presented to the law that is similar to the Tucker vs. Walgreen Company class action suit is the EEOC vs. Walgreen Company. Although this case was presented as disability discrimination, it is still filed
The manager at that McDonald’s restaurant, the defendant, knew Matt had to drive a long way to and from work. Even though this information was known, the manager gave an opportunity to Matt to work a cleaning shift between his regular shifts. My thoughts are that the manager should not have given the opportunity to Matt on the first place as the manager knew Matt was already working from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988 and had to drive 20 minutes to and from work. Adding a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 made Matt’s working hours excessively long. By the end of his shift, it is obvious that Matt is over worked and not in a condition to drive back. This lack of judgement from the manager eventually lead to the accident and death of Matt, and massive injury to Frederick M. Faverty, the plaintiff. Due to this lack of judgement, I think the verdict against McDonald’s to pay $400,000.00 to the plaintiff is
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
The respondent (Zaluzna, plaintiff) entered the foyer of a supermarket owned by the appellant (Australian Safeway Stores, defendant), of which due to wet weather conditions, the flood had become, “wet or moist”. The respondent slipped and fell on the floor, causing injuries to the respondent. The respondent sued for damages resulting of negligence, and a breach of the general duty of care, and the special duty of care owed by an occupier to an invitee.
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.
The decision to terminate an employee may be difficult for some managers depending on the situation at hand. Today, many states have adopted the employment at will law to fire employees for any or no reason, with the exception of employees that have a contract in place. According to Erickson (2008), “The basis for an employer to terminate an employee without being sued is the employment-at-will doctrine. This doctrine is a statement that is signed by both the employee and employer at the time of hire that states that the employee can quit at any time for any reason without notice and that the employer can terminate the employee at any time for any legal reason.” On the contrary to the definition of “At-Will” employment, Pozgar (2012) states, “The employment-at-will common law doctrine is not truly applicable in today’s society and many courts have recognized this fact. The twentieth century has witnessed significant changes in socio-economic values that have led to reassessment of the common law rule (p. 494). An example of an organization hiring on an employment on an at-will basis but terminating an employee without justifying the cause of action was the case of Joseph Casias versus Corporation. By law, an employer has to follow guidelines that essentially make ethos rules null and void because there is nothing to adhere to, especially in a circumstance where the employee is terminated by the at-will policy. In this situation, if the employer terminated by allegations that this employee was an active drug user. However, by law, according to Mr. Casias and his attorney, this employee had legitimate reasons for being involved in obtaining and smoking marijuana. As discussed in the case, the law protect employees from illegitimate...
When a collection of people with common ideals and values congregate into a group for the means of political gain, they become a much greater presence than if they remained individuals. Whether through singular interest groups or through national political parties, they acquire the power to influence change in the political system, determined to see their viewpoints prevail. This practice was apparent at the time of McDonald v. Chicago. In the time period before the McDonald v. Chicago ruling, numerous people, either through interest groups or political parties, sought the influence the court’s decision and ensure that their viewpoints towards the matter of firearms predominated in the court of law.
One has to work hard to consider their values in particular issues and how strongly they feel. This is the choice many people make when they invest in mutual funds, and have no idea where their mutual funds are invested. Many vocal opponents to shopping at Wal-Mart might discover they hold investments in the Wal-Mart. There are 1050 mutual funds that are invested in Wal-Mart, some of the largest mutual funds in the world. There are many people who have no idea where their investments lie. If you want to be true to your value against shopping at Wal-Mart, you need to be careful to remove yourself from investments that support Wal-Mart. You have to review your investments and find out where your money is invested.
We learned from Lau and Johnson (2014) text “strict liability torts require neither intent nor carelessness (p. 152).” Upon viewing Susan Saladoff’s movie documentary the Hot Coffee Movie Trailer link, I was intrigued to learn more about the case. I, too, was an individual who did not have all of the facts about the case. Let’s explore four questions for this week’s discussion which is all about the tort reform.
With the ability to control its stock and see at a glance how any store is performing, Wal-Mart is able to keep its finger on the pulse of its business and make critical adjustments as necessary. The low transportation costs it achieves with its own transportation system makes it possible to deliver goods to different stores within or under 48 hours, and transportation costs are only 3% of the total costs, as compared with 5% for their competitors ("Wal-Mart 's Supply Chain Management Practices: The Benefits Reaped"). Its advanced methods of transport, This combination of technology and down-home attention to customers as people makes Wal-Mart hard to beat on any soil, and it uses the winning formula to maximum advantage.
The Wal-Mart Corporation is a multi-billion dollar low-cost retail organization, consisting of 6400 stores and 1.8 million sales associates worldwide. Wal-Mart’s influence on the retail world and the enormity of their corporate size is unparalleled. Wal-Mart can easily report sales of $312.4 billion dollars per fiscal quarter and net profits of $3.8 billion dollars. Wal-Mart promises her customers "Always low prices. Always!" and upholds this motto by providing low prices to her customers and high return on investment to her stockholders. One way that Wal-Mart has managed to maintain a competitive edge over other low cost retail giants and provide low prices is by cutting wages and by not offering too many company benefits to their employees. Full-time employee working at Wal-Mart only make $8 an hour, while only 45% of the workers can afford to be covered by health insurance. Wal-Mart also increase part time employees from 20 percent to 40 percent so that they do not have to cover all of their employees for health insurance . Although Wal-Mart may not provide excellent benefits to her employees, it successfully performs as a legitimate business operating in a capitalistic society. Wal-Mart upholds the primary fiduciary duty to satisfy her stockholder and follows free the market libertarianism model, which states that a business should not interfering with the free market. In a free market Wal-Mart has a direct responsibility to her primary stockholders rather than the employees of a company.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
he issue in this case is whether or not Stallmart is protected under the shopkeeper exception act due to having probable cause. Indiana courts have adopted a standard, which set forth the a test that “probable cause exists only where the facts found on reasonable inquiry would induce a reasonably intelligent and prudent person to believe that the accused had committed the crime charge.” Overall, a judge would likely find the factor of probable cause in favor of Stallmart.
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