Foster Artlip Prof. Little Name: Geringer V. Wildhorn Ranch, Inc Civ. A. No. 87-F-1213 (Dec. 14, 1988) Facts: William Geringer and Jared Geringer drowned in a boating accident while attending Wildhorn Ranch resort. Diane Geringer who is the surviving widow and mother of the resort guests who died in the boating accident brought action against the resort, M.R. Watters and Les Bretzke. Paddleboating was one of the activities offered at the resort. During the trial one of the main focuses for the plaintiff was the upkeep of these paddleboats. Repairs were made a short time before the accident occurred and the plaintiff argued the defendents knowledge of the leaks located in the boat which caused the boats to be prone to filling with water and become unstable. The Defendents argued comparative or contributory negligence because the Geringers took out a secured boat while acting unreasonably by not wearing life vests. Issue: Was one or both of the parties negligent in this case? …show more content…
The apportioned negligence decided by the jury is 0% to Wildhorn Ranch, Inc., 70% to M.R. Watters, 20% to Les Bretzke, 5% to Diane Geringer and 5% to William Geringer. The jury decided that Wildhorn Ranch was the Corporation alter-ego of M.R. Watters and charger all of Wildhorn Ranch’s negligence to him. Reasoning: The court found the defendants who provided a paddleboat for an activity are required to make sure that the paddleboat provided to the user is not defective and in working condition. The defendant’s paddleboats were defective when provided to the Geringers causing the defendants to be found negligent. The Geringers were found negligent because they chose to use paddleboats without proper life vest protection. Disposition: The court affirmed the owners of Wildhorn Ranch to have been negligent leading to the death of William and Jared Geringer.
1. Facts In 1961 a 15 year-old, freshman football player brought a lawsuit against the school district for damages for neck injuries he sustained during a high school football game. Vendrell attended Nyssa High School and had a game against Vale High School.
On December 22, 1978, the plaintiff’s, Mark Congini’s parents, son was injured in a car collision while he was driving home intoxicated. Mark Congini was driving home from his employee, Portersville Valve Company, Christmas party where Congini was served alcoholic beverages at the party leading him to the point of intoxication. When he requested for his keys, though the company’s agent who Mark requested the keys from knew he was intoxicated, they were given to him with full knowledge that Mark had the intent to drive home from the party. Congini was eighteen years of age at this time and his injuries consisted of numerous fractures in addition to brain damage leaving him entirely disabled for the remainder of his life. The defendant in this
Case Brief: People V Knoller Raigan J Holland Prairie View A&M University Case Brief People v Knoller Cal. Sup. Ct. 41 4th 139, 59 Cal. Rptr.
Did s/he neglect to do anything that s/he should have done? Ray Aragon was the Defense Attorney for this case, and he did put up a fight for the prosecutors. He mostly used the fact that Ms. Garcia kept stating that it was an accident and that it was her fault, as their main defense and in the end, it did not work. He did perform in my opinion to the best of his ability and did not violate or neglect any of his lawful
Approximately four months later, the decedent began to complain of severe dizziness and nausea. The decedent died shortly thereafter. Plaintiff alleges negligence and gross negligence claims against Highland Threads, Inc. (hereinafter “Highland Threads”). Plaintiff alleges that Highland Threads supplied the chair to Mr. Waggoner and that Highland Threads should have been aware of issues with the chair it supplied for the security
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Out of the over 350,000 cases brought to trial in the United States District Courts in 2016, almost 275,000 of them were civil and nearly 80,000 were criminal. No matter the type of case brought to court, both present evidence in front of a judge, resulting in a sentence after careful deliberation. Although there are multiple similarities between civil law and criminal law, there are many differences that differentiate the two as well. A criminal case deals with any sort of punishable offense against society.
The case of Skinner v. Oklahoma was argued on May 6th, 1942 and decided on June 1st, 1942. The Oklahoma Habitual Criminal Sterilization Act provided sterilization for a man or woman crimes involving “moral turpitude.” Oklahoma defined a "habitual offender" as someone who had been convicted two or more times which amounted to felonies involving moral turpitude and in result was sentenced to imprisonment. In this case, Jack T. Skinner had been convicted of three crimes, one for stealing a chicken and the other two for armed robbery.
Before 1948 Julius A. Wolf had been arrested and tried for reasons not stated in the Supreme Court case, but the evidence that was used against Wolf was taken unlawfully, the police had no warrant for his arrest as well as no warrant to search his office. Wolf was able to get an appeal to be tried one more time. In 1948 the trial Wolf v Colorado Supreme Court had begun. It was a very controversial topic because the case was based on the violation of the Fourth Amendment right of protection from search and seizures.
• Describe the steps in the administrative process from the agency’s and the citizen’s perspective when a government agency proposes a rule or regulation. What would you recommend Roc do in response to the FDA's proposed rule? Before an agency can begin rulemaking proceedings, it must be given jurisdiction by congressional enactment in the form of a statute. In other words a proposed rule begins with a summary of the issues
Involved parties were William Henry Furman; Plaintiff and Georgia. The lawful inquiry exhibited was whether the burden and
The Buffalo Creek Disaster written by Gerald M. Stern helped me understand the different decisions a lawyer must go through to help their clients. The Buffalo Creek Disaster was a man-made disaster that occurred in February 1972. The Buffalo Creek Mining Company’s coal waste refuse pile collapsed, leaving over 125 people dead and 4,000 people mentally distraught. The Arnold & Porter law firm was reached out to by survivors for help and Gerald M. Stern was appointed as the lawyer for the case, who eventually won $13.5 million for the survivors.
Case Name and Citation Valilas v Januzaj [2014] EWCA Civ 436 Court and Judges Court of Appeal (Civil Division): Arden, Underhill and Floyd LJJ Parties Appellant/Defendant: Valdet Januzaj. Respondant/Claimant: Ioannis Valilas. Material Facts Both parties are dentists. The Defendant ran a dental practice (“the Practice”) that provides the facilities for treating patients.
Case Facts In November of 1988, Nicole, a 13-year-old girl consummated a murder-suicide pact with a friend in Maryland. Nicole’s counselor was made aware of her suicidal thoughts and discussed it with her. However, Nicole denied making statements about intending to commit suicide and the counselor failed to notify administration or Nicole’s parents. In March of 1989, the father of the girl and plaintiff in this case, Stephen Eisel, brought negligence charges against the Board of Education of Montgomery County, the Superintendent of Schools of Montgomery, the Sligo Middle School Principal, and Dorothy Jones, the School Counselor.
What are the four elements of proof necessary for a plaintiff to succeed in a negligence case? The four elements of proof necessary for a plaintiff to succeed in a negligence case are: (i) Duty of care, (ii) Breach of duty, (iii) Injury, (iv) Causation (i)Duty of care: Duty can be defined as a legal obligation the defender or a wrongdoer owes to the plaintiff. When the law recognizes a relationship between two parties, the duty of care arises. These parties are called defendant and the plaintiff.