I had never been to court before, but the subject of law had always interested me. For my Business Law course I was assigned to attend a case that fell under the category of a small claims, civil, or criminal case trial. As recommended by other business law students, I pulled up the court schedule and planned to observe a case that fell on Thursday October 13th 2016. After brief research I decided it would be interesting to witness a civil case trial at the North County Regional Center in Vista, California. The case I observed was Liberty Mutual Insurance Company (plaintiff) v. I-5 Manufacture and Design (defendant). The nature of this case was complex. The action was based on personal injuries sustained from an accident that occurred on private property; specifically in front of an Indian gambling casino called “Casino Pauma”. While both parties acknowledge negligence as the cause of the accident, neither party is willing to accept fault. The lawsuit was scheduled to be settled, however, the two parties in good faith could not reach an agreement and the lawsuit proceeded to trial on October 11th, 2016 …show more content…
It was stated that “Defendant Dai Huhyn was leaving the casino property and was driving a commercial passenger bus owned by Defendant Polar Express Tours. Mr. Huhyn was driving in the exit lane of the Pauma Reservation Road. While leaving the Casino and driving in the exit lane traveling approximately fifteen miles per hour, the defendants bus struck Young Electric’s boom that was extended across the median and exit lane. The top of the bus hit the bottom of the extending boom’s base that was supporting the bucket in which Plaintiffs Miller and Lumpkin were working. Plaintiffs Miller and Lumpkin suffered injuries as a result of the bus striking the crane’s boom that was extended across and above the exit lane (Liberty Mutual Insurance Company v. I-5 Manufacture and Design,
4. Facts: It was the time of August in 1986, when William Geringer with his family was on vacation at the Wildhorn Ranch Resort located in Teller County, Colorado. Due to some defective Paddleboating boat two of the family members (William Geringer and his minor son Jared Geringer) were drowned. Mr. Watters, a defendant, was formerly the owner of the resort, but he stated that he handed over the possession to Wildhorn Ranch Inc. “The other defendant, Les Bretzke, was a contractor with an autonomous company that endow with repair services and repair construction to the resort.” During the whole trial the main focus was on the maintainability issues of
In Reyes v. Missouri Pac. R. CO., the appellant, Joel Reyes, sought rehabilitation from the defendant, Missouri Pacific Railroad Company, after being run over by one of the defendants trains while lying on the tracks. The appellant claims the defendant was negligent due to its inability to see the plaintiff in time to stop the train. The defendant refutes the plaintiffs claim by blaming the plaintiff for contributory negligence because the plaintiff was believed to be drunk on the night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
One prevalent theme found throughout the book is the conflict between finding the truth and the judicial process. The two are almost always incompatible with each other in the courtroom, and A Civil Action illustrates that quite well. The fight for the truth was taken over by trial tactics used by the defendant, whose goal was to keep the truth from getting out. It is natural for the plaintiff and the defendant to use tactics to create the verdict rather than using the facts of the case because both aim for success. Misinformation, partial truths, and hidden facts are common in the courtroom and one scene of A Civil Action shows how it can change the whole trial. People of the courtroom can manipulate the trial so the odds are in their favor. Rarely is truth ever the main focus.
Marty Anderson was an employee for Family Auto Repair (FAR) in Memphis and was transfer to their Jackson store, which was an hour and a half from his house. The company allow Marty to use a company vehicle to make his long commute, although he had his own vehicle. The terms of the explicit permission to use the vehicle were: to and from work, during lunch breaks, and to deliver and transfer items between FAR’s two facilities either before work or on his way home. Marty Anderson became a victim of the dilemma when he fell asleep at the wheel and injured a man, Steve Spritzer, in the company vehicle, at a time when he did not have explicit permission to be using the vehicle. Marty Anderson’s case can be argued in his favor or in FAR’s favor,
This trend began to ebb with MacPherson v. Buick Motor Co., and the ruling by an appellate court that favored MacPherson, the plaintiff. This case, however, was more a result of political expediency than a reasoned verdict based on fact. In this case, the plaintiff argued that his 1911 Baby Buick had a defective wheel that collapsed while traveling at a low rate of speed, hitting a telephone pole, and pinning him under, breaking his wrist and cracking several ribs; however, the facts of the trial revealed that the accident as it was recounted by the plaintiff was a physical impossibility, but due to the increasing pressures to dispense with privity rulings, the court imposed on the defendant the responsibility of inspecting and discarding defective wheels, implying causal negligence even though the plaintiff had driven the vehicle for more than a year in less than perfect road conditions without a mishap. (MacPherson Tort Story; MacPherson v. Buick Motor Company: Simplifying the Facts While Reshaping the Law, Pg.
In the civil suit against Firefighter Johnson and the Portage Fire District, the prosecution was charged with providing evidence that negligence by both parties had contributed to the death of Ian Huffman and the attempted homicide of Olivia Duty. Prosecutors allege “Mr. Johnson was driving his personal vehicle as fast as 98 mph on State Rt. 19 on his way to the fire station in Oak Harbor just seconds before he crashed into the rear of Ms. Duty's car at Portage River South Road” (Feehan, 2012, para. 6). The posted speed limit on Portage River South Road was 55 mph at the time of the accident (Curt, 2012). The defense alleges that Firefighter Johnson was using his lights and sirens and that Ian Huffman was not wearing a seatbelt at the...
Mahoney was traveling north in the southbound lane at an extremely high amount of speed. The right front of the pickup truck hit the right front of the bus, breaking off the bus’s suspension and driving the leaf spring backward into the gas tank mounted outside the frame, just behind the front door. The spring speared the sixty-gallon tank, which had just been filled ten minutes earlier, punching a two and a half-inch hole in it. The gas tank caught fire and killed twenty-seven of the sixty-seven people on board. If the pickup had hit a few inches to the right, it would have been stopped by the bus’s frame rail instead of shearing trough sheet metal toward the fuel tank.
According to the facts in this case, Walkovszky was hit by a cab four years ago in New York and the cab was negligently operated by defendant Marches. The defendant Carlton, who is being sued, owned and ran the cab company in which he set up ten corporations, including Seon. Each of the corporations had two cabs registered in its name. The minimum automobile liability insurance required by the law was $10,000. According to the opinion of the court the plaintiff asserted that he is also ?entitled to hold their stock holder personally liable for damages, because multiple corporate structures constitutes an unlawful attempt to defraud the general member of the public.?
Over the course of this class I feel like I have become a much better writer. When I go back and look at some of my Journal entries and assignments that I did at the beginning of the semester, I can’t help but tense up at some of the things I wrote. Sometimes the things I was writing didn’t flow well, or I might have even have missed glaring grammar mistakes.
As a second language learner I have never expected myself to be a perfect writer throughout the semester. Even If English was my first language still, I would not be a perfect writer. It is not about first or second language, it is about how well I understand the learning objectives. Then organizing and writing with my own ideas and putting them in my paper. I am going to be honest, I am not good at English subject and English subject is my strongest weakness than the other subjects. In this paper I will discuss and analyze my own writing, reflecting on the ways that my writing has improved throughout the semester.
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness for the Prosecution” was the use of the adversary system. Both sides of the adversary system were flawlessly protrayed when the prosecution and defense squared off in the courtroom.
The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. Different courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberate, and come up with a judgment on it. The criminal case is different from the civil cases, especially when it comes to the court layout. In this essay, I will explain how I experienced a courtroom visit and the important issues are learnt from the visit.
The case I sat in on was the District of Columbia vs. Thomas. The trial started when the judge walked into the room. I was somewhat surprised by the lack of punctuality, the trial started almost fifteen minutes late. While I was waiting for the judge to appear and the trial to begin I had some time to observe my surroundings.
I am currently majoring in Finance Management. Most of the time people think of finance as just managing money. However, finance is needed for so much more! The finance industry deals with starting businesses, developing new products, expanding markets, as well as everyday things like saving for retirement, purchasing a home, and even insurance. The stock market, asset allocation, portfolio analysis, and electronic commerce are all key aspects in finance. In this paper, I will explain how these features play a vital role in the industry, along with the issues that come with these factors.
My parents arrived in the United States hoping for a better future not for themselves, but for the baby they carried in their arms. We would often move from relatives ' houses since my parents couldn’t afford renting an apartment themselves. We were fortunate enough to have caring relatives who didn 't mind us living with them since they knew the hardships we were going through. I grew up in a household where only Spanish was spoken given that both my parents didn’t speak any English at all. When I was in kindergarten, my teacher was afraid that I would be behind the rest of my classmates, given that I only spoke Spanish fluently. I was fortunate to receive free tutoring from my kindergarten teacher. We would often read books together until