Lisa Hetherington
LGST 495 7980
Professor Hansen
17 April 2016
Project 3: Response to Action
Introduction
This case was brought by the plaintiff, Mr. Jim Jones, who alleges that the Defendants, Grab-n-Go, Inc. (“the store”) and by proxy, its owner, Mr. John Smith, did negligently leave some amount of coffee creamer on the floor near the coffee bar, which he stepped on, slipped and fell, but for causing the injuries he sustained that day. The defendants, through their attorneys, move to DISMISS the counts brought against them pursuant to Md. Rules 2-322(b)(2), Failure to State a Claim. The plaintiff, Mr. Jones, alleges one cause of action: Negligence (Count I), Maintaining Negligent Conditions. He stated in his claim that the store employees failed to clean up a mess of coffee creamer, which was part of their duty of care to him as an invitee on the premises, and upon which he slipped. The employees in their depositions, unequivocally state that they had no knowledge of the spilled creamer. They noted that when Mr. Jones entered the store, he went straight to the
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Giant Food, Inc. v. Mitchell, 640 A.2d 1134 (Md. 1994). The onus is on the plaintiff to provide evidence that the store owner had constructive knowledge that a condition existed that could prove harmful to their guests. Rehn v. Westfield Am., 837 A.2d 981, 984 (Md. Ct. Spec. App. 2003); Moulden v. Greenbelt Consumer Servs., Inc., 210 A.2d 724 (Md. 1965); and that there was sufficient time to “remove the danger, or warn the invitee.” Keene v. Arlan's Dep't Store of Baltimore, Inc., 370 A.2d 124 (Md. Ct. Spec. App. 1977). The plaintiff’s complaint, “shall contain a clear statement of the facts necessary to constitute a cause of action”, MD Rules, Rule 2-305, and Mr. Jones has failed to do so
Date: April 15, 2015 Student Name: Doresa Henderson Assignment: Chapter 12 Thesis paragraph and Discussion Section Outline TO: William Moffitt, Attorney at Law RE: Eric Brown v. Ski Lodge Resort, David Doolittle, et al. ISSUE PRESENTED: Whether Eric Brown can argue that other skiers/snowboarders was injured on defendant’s premises. Ski Lodge Resort, its staff, members intentionally left the barrel behind, failed to caution or remove before opening the ski/snowboarding to public.
Name of the Case: Williamson v. City of Houston, Texas 2. Citation: 148 F.3d 462 3. Date Decided: July 22, 1998. 4. Facts: Linda Williamson began working as a police officer in the Houston Police Department “HPD" in 1983.
Procedural History: In March 2008, the petitioner filed a pro se claim in the United States District Court for the Western District of North Carolina pursuant to 42 U.S.C. §1983. The District Court dismissed the action stating Wilkins failed to state a claim and later denied
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
Yet there was still the responsibility of finding who locked the doors, which led to the District Attorney’s office to seek an indictment against the owners. A grand jury indicted Blanck and Harris on seven counts, charging them with manslaughter in the second degree, under section 80 of the Labor Code, which mandated that all doors must be unlocked during business hours. Twenty-three days after the trial had started, a jury acquitted Blanck and Harris of any wrong doing. The jurors had the task to determine whether the owners had known whether not the doors were locked. Twenty-three civil suits were brought against the owners of the Asch building.
SWOT Analysis The first Golden Corral restaurant was founded in 1973 in Fayetteville, NC, and the brand has been expanding since that time. Currently, Golden Corral has 481 locations throughout 41 states in the United States of America. They have been around for approximately 45 years and is known to many as America’s #1 buffet and grill. In fact, in 2011, Golden Corral was recognized for the 14th year as the #1buffet and grill by the National Restaurant Association.
The Park Doctrine, also called the Responsible Corporate Officer Doctrine, is a criminal case that failed to comply with the Federal Food, Drug and Cosmetic Act. The case was taken to the Supreme Court, where violation of company provisions was not met in order to uphold proper standards. Even if the company is unaware of their violations, the violation still stands due to an official appointed the position of making sure all provisions are properly met. (park powerpoint) The Park Doctrine stems from a case back in 1970, when national food chain owner, John Park, was advised by the FDA of their unsanitary conditions including an infestation of rodents in one of their facilities.
Kelly slipped on a woodchip dropped by other customers and got injured . However , the court considered the supermarket still fallen below the required standard of care . And the plaintiff won the case .Because they did not have the adequate cleaning system in their management for that area. On the opposite, for Griffin v Coles Myer Ltd in 1991 ,the plaintiff lost the case as an end .
Whether the Defendant, Mr. Jones and Cut-Rate Liquor, knew or ought to have known that the customer, Mr. Watkins, was intoxicated? According to the evidence obtained in Direct Examination, Mr. Jones maintains that he did not know and he could not have ought to have known that Mr. Watkins was intoxicated. In fact, Mr. Jones states with a certainty that “At no time on that date did I sell liquor to someone who appeared drunk. That is against the company policy, and I can be fired for doing so.”
Introduced to market in 2002, the birth control device Essure is the subject of numerous personal injury claims. According to the Mayo Clinic 's website, Essure are small coils of metal and fiber that are implanted into the fallopian tubes. It is a permanent form of birth control, as the coils cause scarring in the nearby tissue preventing semen from reaching the egg.
The reporting party (RP) stated on 3/2/16 resident Peter Lavorgna was transported to his dialysis appointment by CareMore Transportation. The RP stated the transportation company pick up and drop off the resident twice a week. On 3/2/16 the transportation arrived earlier then the schedule time of 5:30PM. By the time the staff placed the resident in his wheelchair and wheeled him to the usual pick up area the transportation was not available. The RP stated the facility was contacted regarding the transportation at which the facility stated it was not their issue it is the transportation company 's issue.
Introduction: The Case report is about Gnych & Anor v Polish Club limited, Canberra High court, (High Court Of Australia, 2015). In 2012, Polish Club Limited being the licensee of a premise allowed Mr Jacek Gnych & Sylwia Gnych to lease and operate a restaurantb which comprised of the first floor with a capacity of fifty seats and ground floor with the entry to the restaurant along with storage area and toilet. Connected to the restaurant is the Mirror hall (which was not included in the agreement initially but was later included on certain terms) with 80 seat capacity which contains a bar where customers are allowed to purchase liquor. However, all the lease agreement papers were prepared and submitted but nothing was ever signed nor finalised.
Discuss an abstruse action or plan for review. What affliction does it address, and what solutions does it propose? Draft conduct are absolute conduct that are fabricated as per the action beforehand process. Abstract action for Medicare is created to admonition agreement that the Medicare installments are acclimatized by suppliers in acclimation to affirm point of absorption of an action or administration. Beneath the WPS Medicare operators doctor and enlisted associates acquire the gooney bird to admonition creating, and afterwards ablaze approaches.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Three Types of Casualty Insurance a New Restaurant Owner Needs Casualty insurance as it relates to a restaurant covers a broad range of damages to property, injuries to your employees and any liability associate with negligence. Much of the insurance requirements of a restaurant are mandated by a lender, but if you have not borrowed money from a commercial lender, some of this insurance is optional, so you may not be aware of coverage that you need. Liability insurance against claims of negligence When you serve food to the general public, you are going to have a problem from time to time with customers who accuse your business of having made them ill. No matter how careful your procedures are for food preparation, people can get sick.