QUESTION PRESENTED
Under California Law, should Charles and Paddy’s be held liable by the court for negligence and award Dennis with compensation when the incident occurred as a result of Dennis’ and Charlie’s destruction of the property, Charles owed no duty to Dennis, Dennis knew the foreseeable risk just as well as Charles, and Paddy’s had posted warnings for the damages that caused the incident in question?
STATEMENT OF FACTS
Charles Kelly (“Charlie”) and Dennis Reynolds (“Dennis”) have been work colleagues and close friends for several years. Both of them work at Paddy’s Pub (“Paddy’s”), a bar located near the Universal Studios lot in Pasadena, CA and spend a great amount of time in each other’s company.
Despite their friendship, Charlie and Dennis have two very distinct personalities and backgrounds. Charlie, although never earning a degree, is a successful playwright whose hit “The Nightman Cometh” received serious critical acclaim. At Paddy’s, he is often the one left in charge of the less-desirable work, which he complies with nonetheless. Apart from not being as proficient as Dennis
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when it comes to interpersonal situations, Charlie has shown great progress when debating Bird Law against a Harvard educated corporate lawyer. Dennis, on the other hand, can be described as character who “exhibits obsessive–compulsive personality disorder, intense narcissism, and some anger management issues”. Different from Charlie, he is an Ivy League graduate, with a Bachelor’s degree in psychology from the University of Pennsylvania. Overall, despite the differences, both of them were employers at Paddy’s and maintained a dynamic relationship that has generated them fair amount of enjoyable time together. Among the activities Charlie and Dennis engaged after work hours, they agreed to film their own version of the chapter finale of Lethal Weapon Series, along with friends in common. Unfortunately, this activity led to the destruction of the pavement behind Paddy’s pub, once both Charlie and Dennis, out of poor judgment, decided it would be a good idea to “placed a can of gasoline next to a box of fireworks”, in order to cause a big explosion for their movie’s final scene. Although this event took place three years ago, both Charlie and Dennis never took ownership for the destruction, and Paddy’s Pub did not seek damages, but exercised control of the damages by taking safety measures, taping a yellow caution tape across the rear exit doors. The measure was provisory. On the afternoon of August 1, 2015 Charlie and Dennis were discussing the rules and examining Dennis’s proposition on how to improve a game they created, along with two other friends, called “Chardee MacDennis.”, Charlie, who disagreed with Dennis’s argument, proceed to invalidate it in a provocative way.
Like a regular discord between long term friends, both parties argued back and forth in a rousing manner until Dennis had to excuse himself. Before saying goodbye, Dennis proceeded to say he was going “ask the waitress out tonight”, regardless of Charlie’s feelings, and that Charlie had to make sure to Paddy’s Pub’s basement and the bathrooms were clean, in case Dennis brought “the waitress” back to the bar. The waitress, a woman that works in a coffee shop near by, has been the object of Charlie’s love and desire for “most his life”, a fact that Dennis was well
aware. As Dennis walked out the door, Charlie remembered a rumor that had been spreading around among Paddy’s workers and customers, that their boss Frank had finally fixed the pavement, “but no one had tasted it out yet”. The one responsible for informing Charlie of the rumor was Deandra “Sweet Dee” Reynolds, a co-worker. Not sure if it was true, Charlie went on to asked both Mac, another colleague and Artemis, a frequent customer, who confirmed the rumors. It is true that Charlie was not completely aware if the pavement was indeed fixed, but choose to trust his friends and colleagues thus suggesting that Dennis should take the back exit, since it was closer to the parking lot. Dennis, who was skeptical at first, seen that the door still looked burned and the tape was still across it, decided, out of his own judgment, to use the back door. Unfortunately, this caused him a level injuries no one had foreseen. As he proceeded to open the door, side-stepping the caution tape, Dennis noticed that the door operated normally, which contributed to his decision of using the back door despite it’s look. After stepping outside, Dennis fell tragically on the ground. An old enemy of his, “Rickety Cricket”, seeing Dennis laying prone, throw a garbage can on top of him, worsening Dennis’s injuries. This series of events led Dennis to the be paralyzed from the waits down.
The plaintiffs, Bosse and Griffin, sued Chili’s for negligence seeking compensatory damages claiming a patron who pursued them following their skipping out on a restaurant bill was acting as agent for Chili’s at the time the patron caused the plaintiff’s car accident and that Chili’s was, therefore, responsible for the crash.
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
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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)
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