1. Case name: Geringer v. Wildhorn Ranch, Inc., 706 F. Supp. 1442 - Dist. Court, D. Colorado 1988 2. Pincites: 3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict. 4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of …show more content…
the resort and the derelictions of the authority of the resort was held accountable for this accident. 5. Issue: The issue in this case is whether M.R. Watters is the person accountable and is he liable for the death of Jared and William Geringer or it is just a common accidental case? 6. Holding/Decision: Yes 7.
Rule: During the legal proceedings, it was established that it was a clear case of duty negligence and dereliction on references of the evidences. The resort company is responsible for the maintenance and establishment of safe environment for all the visitors, which was not in this case. During the whole trial the main focus was on the maintainability issues of the resort and the derelictions of the authority of the resort, was held accountable for this accident. It was established that Mr. Watters had a record of minimal attentions to corporate formalities and he had consistently been skipping all of the corporate meetings. The break down in the boat that led to the deaths of Jared and William Geringer correspond to negligence and ignorance for the duty of
care. 8. Reasoning: The court labelled the actions of M.R. Watters as corporate ‘alter-ego’. The jury gave the verdict that the plaintiff’s loss was due to the negligence of corporate responsibilities on the first place. Since Mr. Watters did not follow the official procedure of the corporation as required, the court held him personally liable in the lawsuit. 9. Disposition: In the verdict, “Zero percent (0%) of the negligence was attributed to Wildhorn Ranch, Inc.; seventy percent (70%) of the negligence was attributed to M.R. Watters; twenty percent (20%) of the negligence was attributed to Les Bretzke; five percent (5%) of the negligence was attributed to Diane Geringer; and five percent (5%) of the negligence was attributed to William Geringer.” It was established that Mr. Watters had a record of minimal attentions to corporate formalities and he had consistently been skipping all of the corporate meetings. 10. Dissent/Concurrence: None that I can find. 11. Comments: This case is cut and dry it really affirmed that the whole accident and the loss to the plaintiff were due to the negligence of the defendant and his corporation. Mr. Watters has a record of minimal attentions and this case is an example. The break down in the boat that led to the deaths of Jared and William Geringer correspond to negligence and ignorance for the duty of care.
Colorado Petitioner v. Francis Barry Connelly was a case appealed on October 8, 1986 by the Supreme Court of Colorado and later decided on December 10th, 1986 by the U.S. Supreme Court. The case began in Denver when, without any prompting, Francis Connelly approached police officer Patrick Anderson and claimed he had murdered a young girl named Mary Ann Junta. Before hearing anymore details, Officer Anderson immediately advised Connelly of his Miranda rights. The respondent said that he understood his rights but still wanted to discuss the murder. Officer Anderson asked Connelly several questions, where he denied drinking and taking drugs, but had claimed to be treated for mental illness. Soon after, detective Antuna arrived and Connelly was once again advised of his rights. Connelly claimed that
The police responded to a tip that a home was being used to sell drugs. When they arrived at the home, Gant answered the door and stated that he expected the owner to return home later. The officers left and did a record check of Gant and found that his driver’s license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant wasn’t there. Gant returned shortly and was recognized by officers. He parked at the end of the driveway and exited his vehicle and was placed under arrest 10 feet from his car and was placed in the back of the squad car immediately. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine.
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
On the evening of Ms. Heggar¡¦s death she was alone in her house. Eddie Ray Branch, her grandson, testified that he visited his grandmother on the day that she was killed. He was there till at least 6:30 p.m. Lester Busby, her grandnephew, and David Hicks arrived while her grandson was still there and they saw him leave. They then went in to visit with Ms. Heggar. While they were there, Lester repaid Ms. Heggar 80 dollars, which he owed her. They left around 7:15 p.m. and went next door to a neighboring friend¡¦s house. David Hick¡¦s went home alone from there to get something but returned within ten minutes of leaving. Because he was only gone for 5-10 minutes, prosecution theorized TWO attacks on Ms. Heggar because he could not have killed his grandmother during this 5-10 minute period alone. At 7:30 p.m., 15 minutes after the two had left, an insurance salesman called to see Ms. Heggar. He knocked for about 2 or 3 minutes and got no reply. Her door was open but the screen door was closed. Her TV was on. He claimed to have left after about 5 minutes and then he returned the next morning. The circumstances were exactly the same. With concern, he went to the neighbor¡¦s house and called the police. His reasoning for being there was because the grandmother¡¦s family had taken out burial insurance three days before she had died.
Case name: Peter K. Dementas v The Estate of Jack Tallas, 764 P.2d 628 (1988)
II. Trial Court Ruling. The district court granted the defendant’s motion for summary judgment on the plaintiff’s sexual harassment claim. The plaintiff’s retaliation claim went to trial, but the court excluded evidence regarding the alleged sexual harassment. The court refused to grant the plaintiff a new trial. The appellate court affirmed the district court’s ruling.
The evidence presented to myself and the other juror’s proves that Tyrone Washburn is guilty beyond a reasonable doubt of the murder of his wife, Elena Washburn. On March 12, 1979 Elena Washburn was strangled in the living room of her family’s home. Her body was then dragged to the garage, leaving a trail of blood from the living room to the place it was found. Her husband, Tyrone Washburn, found her in the family’s garage on March 13, 1979 at 1:45 A.M. When officer Dale Chambers arrived at the scene he found her lying face down in a pool of blood. The solid evidence in this case proves only one person, Tyrone Washburn, is guilty of murder.
fact that there would have to be considerable respect given to officer discretion in light
Blackburn was candid that most of his clients were “in the (drug) life at some level” and many of them had prior arrests. For instance, Billy Wafer, was on probation for possession of marijuana at the time when he was accused of selling cocaine to Coleman. “I ain’t an angel but I’ve never sold drugs,” said Wafer. Wafer, unlike most of the other defendants, had his charges dropped because he had a rock solid alibi with time cards from his job. Also, his supervisor testified verifying he was at work when Coleman claimed he sold him cocaine.
Meyer v. State of Nebraska. 262 U.S. 390, 399, 43 Sct. 625, 626, 67 L.Ed. 1042. (1923)
"SOSSAMON III v. LONE STAR STATE OF TEXAS VI VI." Findlaw. N.p., n.d. Web. 28 May 2014.
Skinner v state of oklahoma The first case of many cases dealing with the topic of the reproductive system , the rights of an individual to have the rights to a choice in reproduction . Though Roe v Wade is the most commonly known of the Supreme Court cases regarding reproductive rights it was not the first Supreme Court case regarding this topic. Reproductive rights was in fact not Roe v. Wade , but rather this case had no element that discussed the principle of abortion or contraceptive use.Skinner V, State of oklahoma Rather this case dealt with the topic of a discipline/ punishment based forced sterilization,( the removal of the reproductive capabilities
The Court has long recognized that the right to procreate is a fundamental right protected by the Constitution. In Skinner v. Oklahoma, the Court overturned a state statute that required mandatory sterilization of any person that was convicted of certain habitual crimes. The Court in Skinner states that the right to procreate was a fundamental right; the Court limited the state’s power to enforce involuntary sterilization.
The Pena-Rodriguez v. Colorado case is about a man, Miguel Pena-Rodriguez, who committed crimes of unlawful sexual conduct and harassment seeking a new trial because of the racial basis of one of the jurors. In this case the petitioner is Miguel Pena-Rodriguez believes that his guilty verdict is not valid because of the racial biased by a juror, which is validated by two other jurors recounts. The state of Colorado, the respondent, will not grant a retrial because of Rule 606(b), which, “prohibits introduction of evidence regarding statements made in jury deliberations,” and therefore Miguel Pena-Rodriguez could not use the racial comment from the jurors in this retrial (Ballotpedia). However, Miguel Pena-Rodriguez argues that this rule cannot apply to cases of racial biases because it impedes on his Sixth Amendment right to an impartial jury (Ballotpedia). In Colorado, and in many states the Rule 606(b), otherwise known as the “no impeachment rule,” prevent jurors from having to