On December 3rd, 2008, 23-year-old Louisiana State University senior Brandy Lynn Fecke travelled with classmate Chad Culotta to the LSU Recreation Center to use the bouldering wall in order to complete a required assignment for an Outdoor Living Skills Activity course. After successfully traversing up the easier 13’ climbing wall, which did not require her to wear a harness, Fecke lost her footing on the way down, and fell, resulting in injuries to her foot and leg, and at least three surgeries. Prior to actually climbing the wall, both Fecke and Culotta paid to enter the facility, as well as executed a Rock Climbing Wall Participation Agreement, which was provided to her via LSU activity center employees. Additionally, Fecke was asked if she had previous experience with rock climbing walls, to which she answered yes, that she had been twice before, once when she was eight years old, and a second time when she was ten. Employees still reviewed safety precautions and warned Fecke of the dangers of the rock wall. With all of this in mind, Fecke still chose to climb the rock wall. Due to this …show more content…
Originally, the trial court claimed that Ms. Fecke’s ability to make money in the future, or her future earnings, was affected. However, the appellate court ruled that it was in fact her future earning capacity that was affected. This was an important distinction as Ms. Fecke was an unemployed college student, and in most cases future earnings is based on what profession the plaintiff was originally in, and how that would affect their earnings in that field. This case sets a precedent for college students without a current job, as all damages in this context will deal with loss of future earning capacity rather than loss of future
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
Under these circumstances, the court agreed that Summit had no reason to know or suspect that Kellar was working before her shift. Kellar’s wage payment claim under Indiana law was derivative of her FLSA claim, it failed for the same reasons. Thus, the Seventh Circuit affirmed summary judgment on both claims in Summit’s favor.
The issues of unconscionability, punitive damages, contract law, and holder-in-due-course will be deliberated. In addition, the law of the Bible will be conferred to reveal what God, the Creator of law, says regarding treatment of the poor.
Upon listening to the case, the Supreme Court contends that the uncommon insurances concurred by the fourth revision don't stretch out to open fields. Open fields don't give the se...
The legal issue that the court had to address was what was considered just compensation. The court
America”. The Georgetown Law Journal. 80.95 (1991): 95-129. Georgetown Law Library. Web. 16 Jun 2014
While college may be initially uneconomical, evidence from a 1959 census shows a “three-fourths of earning difference” between those who graduated from college and those who merely received a high school diploma (Weisbrod et al 495). Weisbrod and Karpoff acknowledge the high cost of college in America, but assert the benefits of a college degree will more than reimburse a person in the long run, therefore the initial cost of attending a college is worthwhile. (Weisbrod et. al). Furthermore, this indicates only “one-fourth of the earnings differences are attributed...to non-schooling factors”, which proves the significant role college plays in determining the future earnings of an individual (Weisbrod et. al 497). College appears to be the most influential factor in regards to a person's earnings, therefore according to Weisbrod and Karpoff, college is necessary for a person who wishes to obtain a higher expected income. Even students who attend mediocre to below-average colleges will receive “a lifetime income that is [around] 10 percent lower ...than that which someone at one of the best schools can expect” (Weisbrod et. al 497). Weisbrod and Karpoff contend even low-tier colleges result in higher earnings, therefore a student should strive to attend any college regardless of the
Despite Fisher’s and her lawyers efforts, they could not prove discrimination in court. In 2009, a federal district court defended the university’s
Layton Kor was born in Canby, Minnesota, on June 11, 1938 and was a part of a family who traveled often, as his father was always searching for work. While living in Texas as a teenager, one of Kor’s first encounters with climbing was when he saw a movie about ice climbing. His interest peaked and there was no time like the present to start climbing. His first experience climbing was on a sloped clay embankment using ice axes. He chipped steps into the embankment, as any mountaineer would do in the ice or snow. Kor became instantly hooked on the sport and it became his whole life.
Was the plaintiff a victim of job discrimination, which infringes Title VII of the Civil Rights Act of 1964, also identified as the Fair Employment Practices Act? Therefore, in regards to this case, before a presiding can be delivered, there are a number of questions that must be answered.
The history of Big Rock is that of confidence, determination and creativity. Since inception, Big Rock’s strategy has surrounded the idea of quality-first, producing great tasting products to drive sales revenues. Unfortunately, this product-first strategy has become less and less effective as time has gone on. The resulting poor performance of new products and declining profitability of previously successful products could be due to several factors.
This case relates to the practice of the employer not allowing women of child bearing age to be part of certain jobs. The women applicants argued that this practice of the organization is sex discrimination under Title VII (Justia US Supreme Court, 1991). On the other hand the employer (Johnson Controls) argued that its fetal protection policy was a bona fide occupational qualification (BFOQ) for the job as the job posed risk to fertile
They say life is like a box of chocolate, and while we never know what we are going to get, sometimes, what one gets just is not fair. Good fortune follows those who are good, obey the rules, and comply. But in this case study, It Isn’t Fair, we meet Mary who some would say that unfortunately has been handed the short end of the stick. Mary is described as a college graduate who has graduated top one percent of her class and was liked by all her professors. She was also involved in many extracurricular activities. Her strong commitments to her academic and employment career were very evident in everything she attempted and accomplished.
jumping, pushing and head-banging. In all this chaos I suddenly felt out of breath, we all clambered out of the pit and onto the steps. One of my friends kept asking me if I was OK and I said that I felt really out of breath and had a sharp pain in my chest. We came to the conclusion that I had probably cracked a rib.
To learn and experience something new and out of your norm can be a pretty scary thing, almost like being in a foreign country and not knowing your surroundings; what do you do? You panic! I can remember clearly an event during my childhood, it was one of the hardest thing I've ever had to do, and that was learning how to rock climb. All my friend’s parents would take them to a nearby gym after school. It was a gym for kids and rock climbing was the cool thing to do. I wanted to go so badly and feel cool, just like my friends, but I was always afraid of heights. Never liked heights as a child, and when I was growing up I was left with that fear. One day I decided to face my fears, and thought to myself that rock climbing was an important skill to have under my belt. Also I thought this was a step closer to overcome my fear and rock climbing was the perfect way to get over that fear. I also knew this would be a great experience and will help me become physically and mentally stronger. What I didn’t realize was that learning to rock climb would also boost my self-esteem and to make me believe in myself more. I always felt on edge when I was faced with a new situation. It made me feel uncomfortable and not quite myself, it still does sometimes. But I knew with my very first rock climbing lesson there weren’t any more excuses! I simply had to face my fear and just do it. There was no going back.