Jessica Kemper Case Summary
I. INTRODUCTION
The Plaintiff, Jessica Kemper, was injured at a Toledo Mud Hens game when an intoxicated fan, Daniel Kolleng, hit Jessica Kemper with a small wooden bat. An employee of the Toledo Mud Hens served alcohol to Kolleng when he was already intoxicated. Jessica Kemper contends this motion is made upon the grounds that there are no genuine issues of material facts. Therefore, Jessica Kemper is entitled to judgment as matter of law on her claim. Jessica Kemper is seeking summary judgment in her favor on her claim that the Toledo Mud Hens acted negligently in violation of Ohio Revised Code 4399.18, The Ohio Dram Shop Act.
II. FACTS On September 10, 2015 the Plaintiff, Jessica Kemper, attended a Toledo Mud Hens game at Fifth Third Field with her two children, 10 year-old Jackson and 7 year-old Jillian (Kemper Dep. 3:3.) Jessica Kemper and her children were seated in section 110 (Kemper Dep. 3:26.) Between the sixth and seventh inning she was hit in the back of the head by a hard object, she fell forward and hit her shoulder on the seats in front of her (Kemper Dep. 4:34.) She was hit with a small wooden souvenir bat by Daniel Kolleng who was sitting a few rows back (Kemper Dep. 4:45.) Security approached her and helped her up (Kemper Dep. 5:11.) Security took her to first aid station, put a bandage on her head and
…show more content…
Defendant owed Jessica Kemper a duty of ordinary care and breached that duty by knowingly selling Kolleng alcohol while he was intoxicated on the Defendant’s premise. As a direct and proximate result of his intoxication Kolleng negligently threw a souvenir bat hitting Jessica Kemper causing her to suffer severe injuries requiring emergency medical care. She suffered pain, shock and anguish as a result of her injuries. The Defendant is liable for the actions of Kolleng pursuant to Ohio Revised Code section 4399.18. (COMPL.
Ammon V. Welty Case Analysis
97 Words | 1 Pageswhen Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional
Judge Judy: The Case Was Televised On The Judge Judy Show
228 Words | 1 PagesThe plaintiff stated she normally leaves her keys in her car allowing her 14 year old son to drive on their property all the time. But on this particular day the plaintiff’s son allowed the defendant’s daughter to drive the car on and off the property which cost the defendant’s daughter her life. The defendant countersuit for pain and suffering and for the loss of her daughter’s life. In this case the judge dismissed the plaintiffs case and
Jenny Stracner Case Summary
292 Words | 2 PagesFACTS: Jenny Stracner an employee of the Laguna Beach Police Department was told by several people that there several vehicles were seen in front of Greenwoods resident and the vehicles were only there for a couple of minutes. Stracner investigated these claims by staking out the residence and witnessing the vehicles at the residence for herself. After staking out the residence, she asked the garbage man to isolate garbage picked up and Greenwoods residence and hand them over to her. While looking through Greenwoods trash, Stracner located evidence that led her to believe Greenwood was involved with drugs. Stracner then received a search warrant and found large amounts of cocaine and other substance in the residence.
Hayden Vs Letitia Case Study
676 Words | 3 PagesCase Name and Citation HAYDEN vs. UNIVERSITY OF NOTRE DAME 716 N.E.2d 603 (1999) Court of Appeals of Indiana Summary of the Key Facts in the Case On September 16, 1995 William Hayden and Letitia Hayden attended a football game that was played on the University of Notre Dame’s campus. William and Letitia were season ticket holders with the university that sat in their reserved seats, which were located in the south endzone behind the goalpost.
Ford Motor Credit Co. 2d 956
525 Words | 3 PagesHolding: (What rule, definition or standard did the court use to resolve the dispute?) Kirkpatricks ' complaint against Transamerica Insurance Company adequately states a cause of action, in which the court reversed the lower courts decision and remanded the case for further proceedings consistent with the appellate courts
Brooks Vs Northwood Little League Case Summary
718 Words | 3 PagesIn the case of Brooks vs. Northwood Little League has little relevance to my profession as a future sports psychologist. Overall I do not think I will be in this exact situation but I can take some learning opportunities from this case. I learned in my case that anyone can be sued for negligence but you have to prove the four elements of negligence in order to win. In my case of Brooks vs. Northwood Little League, Brooks sued for negligence and lost her case. Brooks lost this case because she couldn’t prove all four parts of negligence.
Dustin Seal Case Summary
1344 Words | 6 PagesDustin Seal, a junior at Powell High School, Knoxville, TN drove his mom’s car to Friday-night football game with his friends who had put a knife in the glove compartment without his information. Over a suspicion of drinking alcohol, school vice principal searched Dustin’s car and found a hunting knife. Being unaware of the knife Dustin got suspended with pending expulsion from Powell high by the principal. Following with several appeal processes School board sided with the school principal on expelling Dustin. His father sued the school board for violation of Dustin’s right under fourth and fourteenth amendments to Federal court ruled in favor of Seal and the case was settled with $30,000 award to Dustin.
Response To Opiates Analysis
556 Words | 3 PagesBefore I even step foot in the door I could hear sobbing and the distress in a woman 's voice. I carried in the necessary equipment, the cops were actively doing CPR as the advanced life support provider (ALS) was looking for IV access. As EMS personnel we took over for the cops, we placed a LUCAS device on him, it 's a device that does compressions for you. Then, we continued ventilating the patient and placed him on a backboard in preparation to transport and move the patient.
If Mr. Jones And Cut-Rate Liquor, Was Intoxicated?
1006 Words | 5 PagesWhether 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.”
Case Study Of Bearman V Notre Dame
515 Words | 3 PagesDue to the defendant’s negligence and lack of regard for safety, the court found that the defendant did owe a duty of care to the
Howard Trail Vs Lesko Case Study
448 Words | 2 PagesThe case arises from an accident which occurred on September 26, 2009 after Timothy Lesko attended a Gun Bash. Michael Trail claimed serious injuries from the accident. Timothy Lesko claimed that he was not the driver and does not know who was driving while the accident occurred. Procedural History
Wrongful Death Case: The Hill V. Ohio County
165 Words | 1 PagesThe Hill v. Ohio County involves a wrongful death case in which the hospital refused to admit Juanita Monroe. She thought she was in labor. As a result, she delivered her child at home without medical attention and died shortly after giving birth. The plaintiff was Lorene Hill, administer of Monroe’s estate, against Ohio Country Hospital. The question arises whether there was a breach of duty by the hospital in accordance to the institution’s admission policy.
15-6 Investigation Report
2497 Words | 10 PagesMEMORANDUM FOR Commander, 75th Ranger Regiment, Fort Benning, GA 31905 SUBJECT: AR 15-6 Investigation Findings and Recommendations 1. FINDINGS: The following are the findings of this investigation into the events of Saturday 12 MAR 16 and Sunday 13 MAR 16, leading to the arrest of 1LT Paul Handelman (Platoon Leader, Bravo Company, 2d Battalion, 75th Ranger Regiment) by Korean National Police (KNP). 1LT Handelman is suspected of: violating General Order #1, violating the United States Forces Korea (USFK) curfew policy, violating a direct order from his Company Commander (Co CDR) CPT Ferriter, assaulting a KNP Officer, causing property damage to a Korean National, and of being drunk and disorderly. This investigation also illuminates the actions of CPT Soren Jorgensen (Executive Officer, Bravo Company, 2d Battalion, 75th Ranger Regiment) who was with 1LT
Case Study Of Turner V. Hershey Chocolate USA
1045 Words | 5 PagesThe plaintiff is not estopped by her SSDI and long term disability claims. However, the issue should have been decided by the jury. The court foreclosed to grant the plaintiff was not a qualified individual. The issue is whether the district court correctly granted summary judgment in the favor of the defendant because the shaker table rotation rule at issue was an essential function of the employee’s job.
Case Study: Welge V. Planter's Lifesavers
517 Words | 3 PagesWhile Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
More about Jessica Kemper Case Summary
Ammon V. Welty Case Analysis
97 Words | 1 PagesJudge Judy: The Case Was Televised On The Judge Judy Show
228 Words | 1 PagesJenny Stracner Case Summary
292 Words | 2 PagesHayden Vs Letitia Case Study
676 Words | 3 PagesFord Motor Credit Co. 2d 956
525 Words | 3 PagesBrooks Vs Northwood Little League Case Summary
718 Words | 3 PagesDustin Seal Case Summary
1344 Words | 6 PagesResponse To Opiates Analysis
556 Words | 3 PagesIf Mr. Jones And Cut-Rate Liquor, Was Intoxicated?
1006 Words | 5 PagesCase Study Of Bearman V Notre Dame
515 Words | 3 PagesHoward Trail Vs Lesko Case Study
448 Words | 2 PagesWrongful Death Case: The Hill V. Ohio County
165 Words | 1 Pages15-6 Investigation Report
2497 Words | 10 PagesCase Study Of Turner V. Hershey Chocolate USA
1045 Words | 5 PagesCase Study: Welge V. Planter's Lifesavers
517 Words | 3 Pages