In the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that:
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In the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that:
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- Negligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not…Judy, a citizen of New Jersey, was crossing a street in Memphis, Tennessee when a car driven by Ms. Wall, a citizen of Texas, struck her. Ms. Wall's employer, an Oregon corporation that has it principal place of business in Jersey City, New Jersey, owned the car. Judy sues both Ms. Wall and the corporation in the federal district court in Tennessee. Judy's complaint alleges damages in the amount of $150,000. Does this court have jurisdiction? Why or why not?19) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle's fingernail polish, applies it to her nails, and suffers a severe allergic reaction. She sues Elle under the implied warranty of merchantability, The test for determining whether Suzy will recover is whether: A) the nail polish she bought was suitable for the needs of the average consumer. B) the nail polish she bought properly performed its function of coloring one's nails. C) such a reaction in an appreciable number of consumers was reasonably foreseeable. D) the ingredient causing the reaction was foreign to the nail polish or natural to it. nating one model, Bobby notices
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- Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsJohn Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…In a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.
- Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…Under the Act, the duty of an employer ‘take every precaution reasonable in the circumstances for the protection of a worker’ is: Section 25 (1) (c) of the OHSA 4. Section 25 (2) (f) of the OHSA Section 25 (1) (e) (ii) of the OHSA 5.Section 25 (2) (h) of the OHSA c. Section 25 (2) (c) of the OHSA Which one is not an example of consequences? Injuries 3. Environmental pollution Property damage 4.Sustained business reputation c. 5. Loss of production Moving equipment or parts is the hazard associated with what energy source? Electrical .Thermal .Mechanical .Body mechanics .PressureHonda Canada Inc. v. Keays, [2008] Mr. Keays was hired in 1986 by Honda as an assembly-line worker. In 1997 he was discharged with chronic fatigue syndrome and consequently went on disability benefits until the insurer declared that he was fit to return to work. When he returned, the employer put him into its disability program, which required him to submit medical reports for every absence from work. The employer began to doubt the veracity of Mr. Keay’s doctor’s reports and, therefore, in 2000, ordered him to see a doctor it had selected. Mr. Keays obtained legal advice recommending that he not see the employer’s doctor unless the employer clearly indicated the purpose of the examination. The employer ignored the lawyer’s request and summarily dismissed Mr. Keays for cause (without notice) when he refused to meet with the employer’s doctor. The employer claimed that this was insubordination, entitling it to dismiss Mr. Keays without notice. Mr. Keays sued for wrongful dismissal. He…
