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, …show more content…
The NHTSA regulation defines golf carts that can achieve a speed between 20-25 miles per hour as low-speed vehicles. Low-speed vehicles can subject to the Federal Motor Vehicle Safety (FMVS) Standard No. 500 (49 CFR 571.500). The FMVS standard requires low-speed vehicles to be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers (NHTSA, 1998). Any golf car capable of under 20mph is exempt from NHSA laws and are subject only to state and local laws involving the safety equipment. Vehicles that are able to achieve over 20 mph are treated as motor vehicles. Therefore, Electro’s golf cars would be required to abide by NHTSA …show more content…
These carts are able to achieve speeds over 20mph and are considered motor vehicles (NHTSA, 2008). Another thing for Electro to think about on top of the 35 mile per hour limit is also the weight limit. "We [NHTSA] believe that vehicles over 3,000 pounds are capable of complying with the full requirements" of the federal motor vehicle safety standards. Increasing the allowable gross vehicle weight, NHTSA said, "would encourage the use of [low-speed vehicles] in circumstances where it could pose an unreasonable risk to safety (Status Report, 2008)." No information is given regarding the weight of the golf car, however if it exceed 3,000 pounds the safety requirements would he increased. Florida state laws require a certain safety standard before LSVs are allow to be used on a public road. The safety requirements are identical to those covered by the Federal Standard 517, they include: “A low-speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers”(NHTSA, 2008). The LSVs are only allowed to be used on public roads that have a speed limit of 35 mph or less. The vehicles must be insured, and may only be driven by a licensed
Belanger v. Swift Transportation, Inc. is a case concerning the qualified privilege of employers. In this case, Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift, the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination, Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,” (Melvin, 2015, p. 265), causing Belanger to sue the company.
Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law.
The vehicle and A/C were left on for the juvenile backseat passenger. I then advised Officec. Peal to respond to the scene for assistance. Shortly after, Ofc. Peal arrived on scene.
From its initial existence R&D and innovative products had been the lifeline of CGC. When Callaway bought into the company his first initiative was to develop original products. Innovation and superior performing products are important in golf because equipment is thought to have a significant impact on player performance. Moreover, innovation was important because CGC had to be the technological leader to sell its products at premium price and continue to exceed customer expectations. The industry was also characterized as being driven by new product development because manufacturers were trying to bet each other to the next "best club" so CGC had to manufacture products that were differentiated from its own existing products as well as those of its competitors.
For this essay, we will review the facts of a potential tort case involving Empire Courier Service’s employee, Dave and the injured person, Victor. This is a case involving agencies and their liability to third parties. Dave, a driver for Empire Courier Service is the agent and currently in an employer-employee agency (Kubasek, Brown, Herron, Dhooge, & Barkacs, 2016, p. 416). As an employee, Dave is known as a “hot head” and previously had a fight while employed in the recent past by a different company. This previous fight was bad enough that charges were brought against Dave, a fact Empire Courier Service never ascertained. As the scenario states, Dave is between deliveries in the company vehicle taking a lunch break. While leaving
Wal-Mart’s expert witness admitted Bradley would be more stable in a wheelchair, and would be less of a threat than if he were on crutches. After Wal-Mart attempted to prove a “direct threat” defense, the Eighth Circuit court held that Wal-Mart still failed to prove that Bradley was a direct threat to the safety of himself, or others, and reversed the grant of summary judgment by the district court. The court’s opinion in this case went by the same reasoning as most courts that “direct threat” is an affirmative defense that the defendant-employer must prove.
Callaway Golf Company began to take form in 1983, after Ely Reeves Callaway Jr. sold Callaway Vineyard and Winery for a $9 million dollar profit. Shortly after the sell of the winery, Callaway ventured in to the golf equipment industry and bought 50 percent of Hickory Stick USA. Callaway knew from the very beginning that this company’s profits were limited as long as the product line wasn’t changing. “Callaway noticed that most golf equipment had changed very little since the 1920s and believed that , due to the difficulty of the game of golf, recreational golfers would be willing to invest in high-tech, premium-priced clubs if such clubs could improve their game by being more forgiving of a less-than-optimum swing.” (Thompson, c205) Callaway then purchased the company outright and changed the name to Callaway Hickory Stick USA and then hires Richard Helmstetter as the companies’ chief club designer. With the help of five aerospace engineers, Helmstetter developed line of clubs that was set apart form competing brands by its technological innovation. In 1988, the S2H2 was launched as well as another name change to Callaway Golf Company. In 1992, sales are more than double recent years and Callaway Golf Company goes public and begins trading on the NYSE. Throughout the 90’s, Callaway leads the golf equipment industry with ongoing new lines of clubs and eventually adds golfing apparel. Donald Dye, Callaway’s new CEO, took the much of the blame for the downturn in Callaway Golf Company. Dye was ultimately responsible for initiatives that took managements focus off golf clubs. The company’s financial and market performance suffered immensely in 1998 causing Ely Callaway to return to rebuild the company. The textbook states on page c208, “Ely Callaway’s first efforts upon his return to active management at Callaway Golf were to ‘direct resources---talent, energy, and money--- in an ever-increasing degree toward the creation, design, production, sale and service of new and better products.’” In Callaway’s turnaround strategy, he initiated a restructuring program and operational improvements. By the end of 1998, Callaway’s strategies allowed the company to regain it s technological leadership.
On February 27, 1992 Stella Liebeck of New Mexico went to purchase coffee from Mc. Donald in her grandson’s car. Liebeck’s grandson then parked the car to give her an opportunity to put her cream into her coffee. The car transporting her at the time, had no cup holder so she improvised and placed the cup between her legs. During that process Liebeck spilled all of her coffee and was rushed to the hospital, because the coffee burn through the pants that she was wearing. Upon arriving at the hospital she was informed by the doctors that she suffered third degree on six percent of her skin. Liebeck suffered tremendously as a result of the burn. She was hospitalized for eight days and had to undergo surgery. Apart from that she was somewhat disabled for two years. Liebeck made attempts to settle with McDonald, she wanted them to be accountable for the injury she suffered. She wanted them to pay for the incurred expenses as well as the expense she anticipated in the future. McDonald on the other hand agreed to pay $800.00 but Liebeck was asking for $20.000. This case wasn’t settled using ADR methods so it became a trial (Wiki, n.d).
In the beginning of the 20th century, golf was just making its way to the United States, and becoming a worldwide sport. One of the very few sports where the athlete does not need to wear some type of uniform or athletic clothing, golf has always produced some of the trendiest and wildest outfits. In the beginning, many golfers followed the fashion trends of Scotland as that is where the game was born, but at the turn of the 20th century many things changed. Long trousers were becoming very popular across all of society, attire was becoming more relevant, and the invention of the TV as well as advertisements increased the popularity of the game.
Searching around my cluttered room I usually stumble across my first ever golf club I used. Every time I am at the driving range in Ellersile I always relive the first memories of my golf. I always think back to the first club I ever had. This club has an old rusty very, short and thin meatal golf club. It had an old purple rubber grip at the top of the rusty metal shaft. Like my dad always said “trusty rustiest”, this phrase would always remind me of the fantastic memory of me first striking that little old rusty club at the Ellersile driving range.
Electric cars have dated as far back as 1880, with the first model being mass produced in the later 1880’s. At early stages of automobiles, there were no clear benefits from either type of engine. In fact, a majority of cars in use at the time were electric. Steam and combustion engines were less developed and not as popular. Before the 1900’s an electric car held the land speed record for motor vehicles. (Bellis, 2014) As roads were built and the range that vehicles would need to travel increased, the need for a longer lasting vehicle rose. This is why at the turn of the century the popularity of gasoline powered engines arose. Electric vehicles were still valued for their short term transportation (within cities) and relatively easy use, but they began to lose prevalence as developments into combustion rose. Production for electric cars peaked in 1912 (Bellis, 2014) and saw a drastic decline since
The Electrobat was one of several electric cars, which competed in a race sponsored by Illinois publisher H.H. Kohlsaat. He had challenged inventors to come up with a car that could travel the distance from Chicago to Evanston and back (58 miles). Electric cars and gas cars competed against each other in this competition. Although none of the cars performed in an especially notable manner, the electric cars failed miserably. It seemed that the slushy country roads generated a great deal of friction, which drained the strength of the batteries quickly.
These days technology keeps evolving. The electric car is yet another new way to help the environment. The electric car uses electricity instead of gasoline. In 1831, Michael Faraday came up with the theory for generating electricity. In 1838, Robert Anderson created the motorcycle. The first electric vehicle was made in 1839 but it wasn’t commercialised. Finally in 1873, Robert Davidson succeeded in making a practical electric car. At that time, changing gears was the most difficult aspect of driving gasoline cars, but with the electric car this was no longer necessary. It was also popular among woman drivers because it didn’t require a specific technique to drive. The electric car is
The technology of electric cars has been around since the beginning of the nineteenth century but soon disappeared as the gasoline-powered engine took the limelight. It took until the seventies with oil prices at new heights that electric cars even became considered as an alternative. The main reasons the public identifies electric cars to be unattainable is because of their high cost and limited capabilities. In the early developing stages electric cars were extremely costly, basic, and so limited from a technical standpoint that many people thought buying a golf cart would be more practicable. Unfortunately, these prejudgments made many people blind to the vast improvement electric cars have made over the years. Their improvements have much to do with that major auto manufactures such as General Motors, Ford, Chrysler, and Tesla Motors producing high-performance electric vehicles. With major manufacturing companies continuing improvements on electric car engineering, the future of commuting automobiles has become electric.
In the early years, England and France were the first nations to experiment with electric vehicles with the United States showing some interest in about 1895. The general perception of the electric vehicle was that it had many advantages over gasoline powered cars. It was clean, silent, free from vibrations, thoroughly reliable, easy to start and control, and produced no dirt or odor. The disadvantages were short range and high initial cost. It was not as cheap to run as other forms of transportation and could average only about 18 miles per day, but this met the needs of much of the population in the larger cities. Electric vehicles outsold all other types of cars in the year 1899 and 1900. A wide variety of automobiles were built when designers experimented with different body styles and engine