QUESTION PRESENTED Under California Law, should Charles and Paddy’s be held liable by the court for negligence and award Dennis with compensation when the incident occurred as a result of Dennis’ and Charlie’s destruction of the property, Charles owed no duty to Dennis, Dennis knew the foreseeable risk just as well as Charles, and Paddy’s had posted warnings for the damages that caused the incident in question?
STATEMENT OF FACTS
Charles Kelly (“Charlie”) and Dennis Reynolds (“Dennis”) have been work colleagues and close friends for several years. Both of them work at Paddy’s Pub (“Paddy’s”), a bar located near the Universal Studios lot in Pasadena, CA and spend a great amount of time in each other’s company.
Despite their friendship, Charlie and Dennis have two very distinct personalities and backgrounds. Charlie, although never earning a degree, is a successful playwright whose hit “The Nightman Cometh” received serious critical acclaim. At Paddy’s, he is often the one left in charge of the less-desirable work, which he complies with nonetheless. Apart from not being as proficient as Dennis
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Like a regular discord between long term friends, both parties argued back and forth in a rousing manner until Dennis had to excuse himself. Before saying goodbye, Dennis proceeded to say he was going “ask the waitress out tonight”, regardless of Charlie’s feelings, and that Charlie had to make sure to Paddy’s Pub’s basement and the bathrooms were clean, in case Dennis brought “the waitress” back to the bar. The waitress, a woman that works in a coffee shop near by, has been the object of Charlie’s love and desire for “most his life”, a fact that Dennis was well
The plaintiffs, Bosse and Griffin, sued Chili’s for negligence seeking compensatory damages claiming a patron who pursued them following their skipping out on a restaurant bill was acting as agent for Chili’s at the time the patron caused the plaintiff’s car accident and that Chili’s was, therefore, responsible for the crash.
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Margaret Russell is the owner of the dog (Scooter). After the first attacking from on Miss June, Miss June went to the complex management and told them about what happened with scooter and about his behavior and who is the owner. On other hand Miss June with some neighbors placed a notice about scooter and his dangerous behavior around the complex but they did not tell Ms. Margaret Russell directly. Ms. Margaret Russell was not know about her dog’s behavior because they did not tell her about it and she maybe is old women, so she could not go to the mail box or maybe someone brought the mail to her. As a result Ms. Margaret Russell does not responsible by principles of strict liability and she does not condemned because what happened was without her knowledge. Otherwise there are some facts that said, “Ms. Margaret Russell knew scooter could jump over the metal railing and go out the apartment” that means she is maybe responsible by the negligence. Under the rule that common in In Paul MARSHALL, Petitioner v. John C. RANNE, Respondent case that said, “All animals are not vicious and a possessor of a non-vicious animal may be subject to liability for his negligent handling of such an animal” Marshall v. Ranne, 511 S.W.2d 255,259 (Tex.1974). In fact Ms. Margaret Russell believed that “..Dog will be dogs” which means she know the dog even if he was not vicious he is still has the hostile behavior that every dog has it normally when he sees some strange people. Moreover she
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The liability for negligent misstatement may arise from pure economic loss. According to Steele (2010), ‘Economic losses will be regarded as “pure” if they do not flow from any personal injury to the claimant nor from physical damage to his or her property’. The boundaries between “pure” economic loss and the loss which is “consequential” from damage were established by the Court
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