ipl-logo

Case Study: CARDWARE, Inc.

646 Words3 Pages

The purpose of this memorandum is to provide Casandra Cardigan CEO of CARDWARE Inc with the necessary and vital legal information regarding the elements the plaintiff needs to sue based on negligence in a civil court of law in the United States of America. The second and final purpose of this memorandum is provide possible potential defenses CARDWARE and Candice Cardigan may use to dwindle the plaintiff Myra 's claim of negligence. Whether Myra, world renowned supermodel, has a sufficient claim against CARDWARE and Candie Cardigan a model hired by CARDWARE, for negligence due to suffering a broken nose and cut to her face from the defendant 's shoes. In order to bring a cause of action based on negligence; furthermore, negligence requires the following elements Duty, Breach, and Caution. In the United States, businesses of all sectors and individuals in general owe people a general duty of due …show more content…

If CARDWARE hired a professional model to display their Naturally-there sweater line, then maybe Myra would have never suffered a broken nose and cut to her face; moreover, this reasoning is called Breach. According to Judge Anthony Calisi, a person breaches their duty by failing to act in a reasonable manner toward another person (Calisi, 2016). Could Myra have recovered from her fall better and not caused such a scene at the fashion show held at Easton Hotel if were a professional; furthermore, this angle could possibly be used against the defendant to discredit their defense. Lastly, in order for the plaintiff Myra claim of negligence to hold up in the court of law her claim must pass several tests that can be find within causation. There are two types of causation which are called Actual Causation and Proximate Causation. Actual Causation asks did the CARDWARE and Candie Cardigan actually cause the harm to occur? To decide weather or not CARDWARE and Candie Cardigan the defendant caused brought

Show More
Related

Case Citation: Gallagher V. Cayuga Medical Center

1153 Words | 5 Pages

Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.

Read More

The Case Of Tomcik Vs. Ohio Department Of Rehabilitation And Corrections

1253 Words | 6 Pages

In the case of Tomcik vs. Ohio Department of Rehabilitation and Corrections, Janet Tomcik, the plaintiff, blamed the loss of her right breast on the fact that there was a major delay in her examination and treatment of her tumor. This could be known as nonfeasance negligence, which is the “failure to act when there is a duty to act,” (Pozgar, 2016). The corrections department, or in this case, the defendant, claimed that Tomcik`s cancer was already so developed, that her breast would have been removed regardless of when her official checkup and treatment took place. One stakeholder in this case is Janet Tomcik. She is the patient who not only lost her breast, but endured “physical pain, [and] emotional suffering,” (Tomcik, 1991).

Read More

Case Study Of Turner V. Hershey Chocolate USA

1045 Words | 5 Pages

Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA 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. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.

Read More

Case Study: Laura V. Campers Discount Warehouse

465 Words | 2 Pages

Campers Discount Warehouse: The Discount Warehouse duty to act with reasonable care was breached because they cooking stoves where not placed properly, which resulted in it falling on Laura. If the Discount Warehouse were more cautious on how they stack there merchandise Laura would have suffered no harm. Since the Warehouse was negligent, it resulted in Laura having a loss of consortium, meaning physical intimacy, loss of enjoyment of life, wage/income. Also Laura has the costs of medical expenses, living with the disability, and mental distress. Laura v. Hospital: I would advise Laura to sue the hospital for negligence, and damages since she lost her valuable engagement gifts (necklace and ring).

Read More

Highland Threads Case Study

1638 Words | 7 Pages

The test for cause in fact is whether the alleged negligence was a substantial factor in bring about the injury and without such injury the harm would not have occurred. “Substantial” means that the defendant’s conduct has such an effect in producing the harm as to lead the reasonable person to regard it as the

Read More

Turner V Hershey Chocolate Case Analysis

955 Words | 4 Pages

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.

Read More

Case Project 3 Response To Action

834 Words | 4 Pages

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.

Read More

Medical Malpractice Overview By Sandy Sanbar And James Warner

366 Words | 2 Pages

Medical negligence occurs when a medical providers

Read More

Matt Munson Case Study

344 Words | 2 Pages

Matt Munson is a member of Beasley Allen’s Mass Torts Section, handling defective medical device litigation. He is lead attorney on cases involving Zimmer Biomet’s Comprehensive Reverse Shoulder System and has been with us since 2006. Matt decided to pursue law after finding irregularities in a non-fiction novel while writing a literature paper at Auburn University Montgomery. By making a long-shot phone call to the author, Matt questioned him until he admitted it was not an entirely first-person account, as he had led everyone to believe. The author told Matt he should think about becoming a lawyer, and after taking a few pre-law classes, Matt changed his major and then attended Western Michigan University’s Thomas M. Cooley Law School.

Read More

Ella Mae Else Case Summary

580 Words | 3 Pages

On April 24, 2014, Ella Mae Else, who is the plaintiff, filed a lawsuit against Ford Motor Company, who is the Defendant in the 44th Judicial Court of Dallas County, Texas. In this case Else claims that she was trying to park her 2008 automobile on March 10, 2013 when the throttle got stuck and failed to shift to the neutral position, which caused the vehicle to sped up into the wooden area causing her some injuries. She argues that the accident was Ford’s fault for selling a defective vehicle, therefore Else demand compensation against the defendant due to Strict Liability for Design, Manufacture and Marketing a Defective Product.

Read More

Tort Case Study: Health Care Law

1368 Words | 6 Pages

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.

Read More

Macpherson V. Buick Motor Company Case Study

1099 Words | 5 Pages

It is largely agreed upon that the case of MacPherson v. Buick Motor Co., 111 N.E. 1050, 1053 (N.Y. 1916) was the start of it all. This is the landmark case in which the defendant manufacturer was found liable for negligence even though there was no contractual relationship between the manufacturer and the plaintiff (Bagley, C. E. 2016). Case Brief. The plaintiff, MacPherson, bought a car from a retail dealership, and was injured when his wheel collapsed because it was made of defective wood. Plaintiff sued the Defendant, Buick Motor Co., even though the car was not purchased directly from them.

Read More

Critical Legal Thinking Case Summary

958 Words | 4 Pages

1. PG 126, Critical legal Thinking Cases – 6.1 Negligence Clancy had been negligent, as he nodded off while driving, which brought about an inescapable mischance. The mishap brought about Diana's leg removal and she experienced different wounds too. Diana's restorative costs added up to $368,000 and a repeating expense to supplant her "C-Leg". The measure of harms to be honored to Diana ought to be $1.5 million and correctional harms of $700,000. 2.

Read More

Eisel V Board Of Education Case Study

503 Words | 3 Pages

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.

Read More

Case Study: The Personal Computer Industry

1088 Words | 5 Pages

Competitive pricing pressure from a flooded market has forced significant consolidation and has shifted the landscape of the PC market and computer hardware industry. Some group of multinationals companies leads and have managed to maintained double-digit worldwide market share for several years. Specially in the Personal Computer industry, the two computers named as Dell and Hewlett-Packard- dominate the landscape. They have significantly more market share than their closest competitors (Microsoft, IBM, Sony, Fujitsu, Apple) on a global scale (34% of all PC shipments) and they account nearly half of domestic sales. A lot of these new shipments have reflected the demand for "volume servers" and enterprise servers, often a lower-end

Read More

More about Case Study: CARDWARE, Inc.

Open Document