ipl-logo

Case Study Of Bearman V Notre Dame

515 Words3 Pages

Bearman v. Notre Dame 453 N.E. 2d 1196 (Ind Ct App 1983) Facts: The plaintiff Christenna Bearman and her husband sued the University of Notre Dame for the damages that resulted from an injury occurring on October 27th, 1979. Mrs. Bearman’s leg was broken when an intoxicated person after walking away from fighting with another intoxicated man fell into her from behind, knocking her down as she was returning to her car after a Notre Dame football game. During the incident there was no security or ushers in the area. Mrs. Bareman argued that she was a business invitee and there was a sense of duty of care that the university should have had for her. The plaintiff was suing based on failure to take the proper guidance and action to prevent …show more content…

Bearman from the injuries that were caused by the intoxicated person. Holding: The Indiana Court of appeals decided to reverse the case and favor the plaintiff, awarding them damages of what was caused during the injury. Along with requiring the defendant, the University of Notre Dame to take action to protect the patrons of the football games from third party individuals. Rationale: Notre Dame made the argument that they cannot be held accountable for actions of a third party, and that they are absent of notice or knowledge of any particular danger to a patron. They later admitted to knowing that alcohol is consumed at these sporting events and on the premises after. This requires the defendant to owe a duty of safety and have a duty to take reasonable precautions in order to protect the plaintiff and to anyone who attends one of the football games. The defendant has to have an understanding that something could happen due to there being alcoholic beverages consumed. Having low numbers of security and staff around while there is alcohol present, and claiming to have knowledge that alcohol is being consumed suggests that there was negligence on the defendant’s part. The court is now requiring the University of Notre Dame to increase the number of ushers along with security at and after their sporting events. Bearman was a business invitee of the University of Notre Dame and expected that Notre Dame owed her a duty of care to protect her from injury and the university was negligent in upholding these expectations. Due 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

Show More
Related

The Case Of Jennifer Wolfe Vs. D & W LLC

605 Words | 3 Pages

The defendant argues the plaintiff was slightly intoxication and lost her balance causing her to fall off the stage. They pointed out she had got up on the stage with no problem and how they did have not have any previous accidents with this

Read More

Pegah Lak Case Summary

475 Words | 2 Pages

In addition the Plaintiff never mentioned her occupation, her salary or how she suffered loss wages. Plaintiff also failed to explain how Hipster Airlines breached its duty. Given that the facts were so minimal and the elements for negligence lacked important substance to support the allegations it is likely that the court may dismiss the action for negligence given that the plaintiff failed to state a proper claim upon which relief may be granted. Vicarious Liability Under the second cause of action vicarious liability, Plaintiff stated that the flight attendant breached the duty of care by “ failing to provide proper and effective instruction to passengers when exiting the aircraft and going down an emergency slide.”

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: Welge V. Planter's Lifesavers

517 Words | 3 Pages

While 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

Read More

Case Study Of Turner V. Hershey Chocolate USA

1045 Words | 5 Pages

For the reason that plaintiff could not carry out her essential function needed as a shaker table inspector job, the District Court articulate that appellant was not a qualified individual as per the ADA. In addition, the district court the reliable that appellant could not sustain a claim for reasonable accommodation, for the reason that any exclusion from the rotation system would make a danger of increasing the injuries for the pretender and the other table inspectors and therefore, would be arbitrary. In other words, was the case so that no reasonable jury could find that the employee was eligible for reasonable essential accommodation claim under

Read More

Case Study: Payton V. New York

325 Words | 2 Pages

Payton v. New York 445 U.S. 573 1980 Fourth Amendment search and seizure 6/3 Procedural History: Payton appealed the conviction of the trial court. The New York Court of Appeals upheld the conviction. The Supreme Court reversed and overturned the conviction.

Read More

Woods V State 2d 22 (1973)

738 Words | 3 Pages

Id. There was no evidence presented by the prosecution that the defendants knew about the drugs or even knew that there was a cooler in the cargo area. Id. at 806. The prosecution cited no authority for the proposition that a jury could infer knowledge of the drugs because of employment status. Id. at 807. The court reasoned that the occupants’ stories were not inconsistent and that knowing the owner does not lead a reasonable person to infer that the defendants knew the drugs were in the cooler.

Read More

Case Study: Burwell V. Hobby

1454 Words | 6 Pages

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.

Read More

Bradwell V. Illinois Case Study

169 Words | 1 Pages

Justice Charles Lawrence of Illinois Supreme Court made an appalling statement in the case Bradwell v. Illinois back in 1873. "God designed the sexes to occupy different spheres of action, and that it belonged to men to make, apply, and execute the laws, was regarded as an almost axiomatic truth," Lawrence said (Lupton). At that time, other justices also had the same thought; as a result, Bradwell could not be allowed to be an attorney only because she was a married woman. However, in 1981, according to "Sandra Day O'Connor," O'Connor became the first women to be on the United States Supreme Court in 191 years of history of the court. Her becoming a justice in the court gave other women to have a chance to proceed in male-dominant fields, and

Read More

What Is The Case Of Mississippi University For Women V. Hogan Case Study

915 Words | 4 Pages

In the case, Mississippi University for Women v. Hogan, the respondent Joe Hogan, who attempted to enroll to the MUW’s School of Nursing, was denied admission (“Mississippi University for,” n.d.). The website, informs that the reason why he was denied enrollment for credit in the School of Nursing, is was created the controversy of whether the decision of the university was a violation to the Equal Protection clause of the Fourteenth Amendment. The United States Court of Appeals for the Fifth Circuit reached to a conclusion after analyzing deeply if the reason that the state had to deny enrollment to Hogan had a reasonable justification. The court’s decision could impact and create changes in the educational system in the Mississippi University

Read More

Presser V. Illinois Case Study

232 Words | 1 Pages

Case Law Brief Presser v. Illinois , 116 U.S. 252 ( 1886) By: Ryan Garcia ADJU 203 Concepts of Criminal Law Class Dr. Bryan Silva, Professor Administration of Justice Department Center for Advances Technologies (CAT) Modesto Junior College March 8, 2017 Issue Before the Court: Can states issue laws that restrict citizens freedom to gather in a militia-style group while bearing arms?

Read More

Lou Dempsey Case

653 Words | 3 Pages

To the ladies and gentlemen of the jury, the law is in place to keep order and everybody safe, when it is violated people can get hurt. Since Lou Dempsey decided to violate the law by selling alcohol to minors, Kirk Benton could have died. Lou Dempsey sold alcohol to a minor named Eric Howe. Eric bought two kegs of beer from Lou, then brought it to a party. During the party there was a stabbing which led to the hospitalization of Kirk Benton.

Read More

What Is Bobby Knight Injustice At The Court In Indiana University?

661 Words | 3 Pages

Bobby Knight was a former head coach for Indiana University. Knight was a very successful coach for most of his time at this university. He was also known as having a long history of abuse and a violent temper on and off the court. Knight’s actions had been brought to the attention on the University. At first the University continued to let the coach handle things his own way.

Read More

If Mr. Jones And Cut-Rate Liquor, Was Intoxicated?

1006 Words | 5 Pages

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.”

Read More

Hazing In Sports Research Paper

544 Words | 3 Pages

Hazing in Sports and College “Many of the rites of passage, those rituals of growing up found in our society, are in the form of such comic, practical joking affairs--which we ignore in the belief that they possess no deeper significance. Yet it is precisely in their being regarded as unimportant that they take on importance. For in them we ritualize and dramatize attitudes which contradict and often embarrass the sacred values which we proclaim through our solemn ceremonies and rituals of nationhood.” -Ralph Ellison, on initiations at West Point, 1969.

Read More

More about Case Study Of Bearman V Notre Dame

Open Document