TO THE HONORABLE JUDGE: Defendants, ZACHARY BALDWIN and PINNERGY, LTD., file this Motion for Continuance, requesting a 60-day continuance of the current May 16, 2016 trial setting. In support of their Motion, Defendants show the following: I. This personal injury negligence case resulted from a motor vehicle collision between a noncommercial vehicle driven by Plaintiff and owned by Plaintiff’s employer, Helmerich & Payne International Drilling Company (“H&P”) and a noncommercial vehicle driven by Defendant, Zachary Baldwin, and owned by Defendant, Pinnergy, Ltd. This case is currently set for jury trial for May 16, 2016 with an April 1, 2016 mediation deadline. A copy of the Agreed Level 2 Docket Control Order is attached as Exhibit …show more content…
Defendants’, Zachary Baldwin and Pinnergy, Ltd., counsel has requested depositions by written questions of the custodian of records for Plaintiff’s employer, Helmerich & Payne International Drilling Company (herein after referred to as “H&P”), and the custodian of records of U.S. Fleet Tracking, the company that maintains records of H&P’s fleet monitoring records. Notwithstanding such requests, Defendants have received no responses. Defendants’ counsel noticed the oral depositions for March 31 and April 1, 2016. Defense counsel has attempted to confer with but not received confirmation from Plaintiff’s counsel of his availability for these dates. The outstanding information is needed for Defendants to competently and adequately evaluate Plaintiff’s claims and engage in meaningful negotiations at mediation and mediate in good faith. III. In addition, Defendants’ representative with settlement authority is not available to mediate during the week of March 21, 2016, and Plaintiff’s counsel is not available to mediate during the week of March 28, 2016 (per representations to defense counsel by Plaintiff’s counsel’s office). This case is not currently set for mediation, and Defendants cannot effectively mediate until outstanding information is obtained.
The facts surrounding this case were obtained from both Reilly, and Zisko. It should be noted that Reilly failed to explain in his complaint how he was connected to the probate matter for which Zisko subpoenaed his employment records. The underlying matter that this complaint is related to is the “post-divorce case Elaine C. Menice vs. Jeffrey L. Menice, Plymouth Probate & Family Court Docket No. PL11D2044JP.”
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
The second issue is whether or not the defendant has an obligation to reimburse for an injury. The outcome of this second issue depends whether or not it is rational for the defendant to have to pa...
Plaintiff, Sandra Johnson, seeks damages for negligence against Chris Williams as a result of a car accident. On November 01, 2013, Defendant, Chris Williams was in a car accident at the intersection of Elm and Maple Street traveling at approximately 5:45pm- 6:00pm. when Mrs. Johnson’s vehicle struck his car. (Williams Dep. Pg. 2). Mrs. Johnson was alone in her car, a white Toyota Corolla, going north on Elm. At the intersection,
These most recent depositions stem from a case involving Penn State insurance provider Pennsylvania Manufacturers Association Insurance Co., which is seeking to deny reimbursement for settlement money that the school has already paid to the alleged victims. In all, an expert working on behalf of the insurance company has identified six incidents (including the
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
During a medical negligence case, the first phase is known as the written discovery phase of the litigation. It is during this phase that written documentation is requested, usually the initial set of interrogatories, and the request to produce documents including medical records and test slides or films taken. Risk managers must have a knowledge of the standard interrogatories and the types of required information in order to formulate an efficient, prompt and economical strategic discovery response.
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry Cockrill. Cockrill then informed the school principal, Claudia Argo. When Geiger entered her classroom that morning, she observed Reeves and Coffman leaning over her deck; and when the girls noticed her, they giggled and ran back to their seats. Geiger saw a purse lying next to her coffee cup on the top of the desk. Shortly after Argo called Coffman to the principal's office, rat poison was found in Coffman's purse. Both Reeves and Coffman gave written statement to the Sheriff investigator concerning their plan to poison Geiger and steal her car.
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Journal of Dispute Resolution, 401-427.
Another claim for relief, tortuous interference with business, concerns the intentional act of the physician’s report to the sheriff with the knowledge that it might interfere with their contracted employment with the hospital. Actual damages and losses resulted when the nurses lost their jobs.
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
Severson, Margaret M. and Tara V. Bankston, “Social Work and the Pursuit of Justice Through Mediation,” Social Work 40 no. 5 (1995) : 683-691.
...sfied with the outcome and resolution from the mediation session, the parties are given liberties to engage with a court procedure.