Free Essay

Memo Legal Situation

In: Business and Management

Submitted By lifetime2gthr
Words 1667
Pages 7

TO: Tracy Belford, Legal Supervisor

FROM: Team C

DATE: November 10, 2008

SUBJECT: Legal Situation – Al Jones

Dear Tracy,

Team C will explain the court level which Mr. Al Jones’ case can be resolved, the process or steps in filing a civil suit are addressed. The proposed resolution of the civil aspects compared to the criminal acts resolution. This memorandum will address court jurisdiction over the case. The team will also analyze the probable success in court and any alternative means of resolving the matter.

Court Levels
The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is considered both a civil and criminal act. This claim involves the Civil, Criminal Court and the State Court system. With the property owner being of Swedish citizenship the U.S. District court could be able to get involved. The property owner could opt to sue Mr. Al Jones for trespassing and possible property damage. Trespassing is considered a civil and criminal act, and the civil and criminal courts could get involved. As a result of trespassing, possible charges of damage to the property could be pending depending on the severity of damage done. Property damage in most cases would be considered a civil act and would involve the civil court. If the cases reach a trial and Mr. Jones is not happy with the outcome, and is able to produce evidence, which will benefit the case, the U.S. Court of Appeals may agree to hear the evidence Mr. Jones has. If the U.S. Court of Appeals does not resolve the issue, the U.S. Supreme Court can hear the case. Mr. Al Jones has three alleged claims against him with the possibility of being sued by two different parties. The city could sue for fraud against a municipality and the homeowner could sue for property damage and trespassing.

Court Jurisdiction
Subject matter jurisdiction is the courts’ authority to decide the situation in controversy such as a contracts issue or civil rights issue. State courts have general jurisdiction meaning they can hear any controversy except those prohibited by state law and those allocated to federal courts. Federal courts can only hear cases that fall within the scope of the constitution.

A jurisdiction may be broken down into three different components. The first component is whether or not the jurisdiction is over a person. The second component is whether there is jurisdiction over the subject matter. The third component is whether there is jurisdiction to render the particular judgment sought. Any court possesses jurisdiction over matters only to the extent granted to it by the constitution.

Territorial jurisdiction is the court’s power to bind the parties to the action. This law determines the scope of federal and state court power. The Due Process Clause of the Constitution’s Fourteenth Amendment determines the state court territorial jurisdiction and the Due Process Clause of the Constitution’s Fifth Amendment determines the federal court territorial jurisdiction.

Other forms of jurisdiction include appellate jurisdiction (the power of one court to correct the errors of another, lower court), concurrent jurisdiction (the notion that two courts might share the power to hear cases of the same type, arising in the same place), and diversity jurisdiction (the power of Federal courts to hear cases in which the parties are from different states).

Federal courts have jurisdiction over matters involving controversies between the states, questions of the federal law, and controversies between parties from different states in which the amount involved exceeds $50,000. In this case since the plaintiff is of Swedish citizenship the federal courts can be involved due to “diversity of citizenship cases occurring between a citizen of a state and a citizen or subject of a foreign county.” (Cheeseman, 2007) Another factor to consider for this case to be in federal court is “the controversy must exceed $75,000.” (Cheeseman, 2007) The local courts are most likely to hold the civil suit situation against Mr. Jones. Mr. Jones should anticipate the local courts to hold jurisdiction as this case is focused around local property, local business, and local residents.

Steps required for Court
Complete paperwork: 1. Defendant name, business name and address 2. Amount of plaintiff’s claim 3. Basis of claim 4. Filing fees and sheriff fees 5. Copy of civil warrant sent by mail to defendant 10 days before court date. 6. Certificate of mailing delivered to court clerk or judge before trial date.

Service of Process: use sheriff or private process server to deliver papers to defendant

Return of Warrant: court date, on civil warrants failure to appear could result in a default judgment against the defendant. Before judge decides the case, defendant has the right to remove the case to general district court.

Trial – Both sides are heard and witness testimony is allowed. In small claims court all parties shall represent themselves, attorney may serve only as an owner, general partner, officer of employee but not as a representative of a corporate or partnership.

Judgment – Judge will decide for the plaintiff or the defendant.

Appeal –As long as the amount in dispute is over $50.00 an appeal may be filed, this must be done within 10 days of the judgment. The appeal will be tried in circuit court in a formal manner strictly following all of the rules of evidence and procedure, where lawyers usually represent the parties.

Proposed Resolution – Civil
There are several scenarios, which could happen with this civilly. This depends on several factors. The first factor being; was there a survey properly completed by a title agency, if so this could possibly cease the lawsuit and become a matter for the title company. Secondly, did the city approve the development and the exact location of the building lots prior to construction? Third, has all permits and documents been properly secured and in good order? Mr. Jones has a very good case against the city if any of these scenarios apply.

Proposed Resolution - Criminal
Unless a fraudulent act has been committed there should be no criminal action taken, this will be a civil matter. Things to consider would be, knowingly build where the easement was located or falsifying documents.

Probable Success
More than likely a court case will cost the defendant not only money but also his status in the community of developers. In this case not only could Mr. Jones be sued in civil court but also this can go up the levels to a state court due to the city utilities being involved. Federal court due to the landowner (plaintiff) being a Swedish citizen. At the state and federal levels both sides will be heard and a jury can decide the case. Regardless, the utility is already installed; so worse case is a fine and probation. If fraud was involved possible jail time could occur.

Alternative Resolutions
However, there exists an alternate means of resolving the civil matter with using the ADR (Alternate Dispute Resolution). Arbitration could work better and may be a more convenient way for all parties requiring less time to settle the problem and have less formal rules in an arbitrary hearing than in a court. ADR or Alternate Dispute Resolution has advantages and disadvantages with the advantages of ADR include the ability to slow litigation costs and time constraints, which would allow the project to continue. This can save Mr. Jones thousands of dollars and bring a quick resolution to issues saving time with the proceedings. ADR can keep the problem silent for Mr. Jones, the business and his reputation as well as bad publicity for his business. ADR encourages compromise and this can be an excellent way of settling the dispute for Mr. Jones. A mediator will be the best solution to resolve the easement for a city utility line. By resolving the mix up on the easement a settlement can save the client time and money. First, easements can run with the land therefore, if the easement was recorded with the city, whether the easement was known or not, this may be binding in court. Second, if the easement does not run with the land the city can always use its eminent domain power to take the land but would have to pay fair market value for the loss. Third, the city has the power to make reasonable conditions for issuance of a building permit to proceed with the building project.

After a careful review of the factors involved in this case: • The probability of winning or losing • The amount of money to be won or lost • Lawyers’ fees and other costs of litigation • Loss of time by managers and other personnel • The long-term effects on the relationship and reputation of the parties • The amount of prejudgment interest provided by law • The aggravation and psychological costs associated with a lawsuit • The unpredictability of the legal system and the possibility of error • Other factors peculiar to the parties and lawsuit (Cheeseman, 2008)

Team C’s opinion is first suggestion is ADR. Then to consider taking the case the firm has a history with Mr. Jones and this type of problem can be solved in the legal process. Overall, this case could go through 3 levels of court action. Mr. Jones will need to have evidence of whom he believes is responsible. He will need to show proof he is not responsible. Research or production of documents will be needed, title searches, and building plans for past subdivisions, with the utility line sign off forms, which should be on file with the city. If the files are not found, a meeting with the city to discuss why these are not on file will be important.


Cheeseman, H.R. (2007) Legal Environment of Business: The Legal and Global Environment.[University of Phoenix Custom Edition e-text] Upper Saddle River, NJ: Prentice Hall. Retrieved November 10, 2008 from University of Phoenix, Resource, BUS 415 –Business Law…...

Similar Documents

Premium Essay

Legal Memo

...Discussion: The issue in this case is whether Happy Times Bar was negligent when (a) they James when employee Joan Essex failed to summon police (until asked) when the second attack occurred, even though she witnessed the events firsthand. A business, or premises possessor, will be found negligent if its employees or authorized agents breached the duty of taking reasonable measures to an ongoing situation that is occurring on the premises and poses a risk of foreseeable harm to an identifiable invitee or class of invitees. Bailey v Schaff, 2011 Mich App Lexis 1502 (Mich Ct App Aug 18 2011). In Bailey, security guards employed by the defendant (an apartment complex owner) were notified of an individual waving a gun and threatening to shoot guests. Instead of notifying the police, the guards drove an intoxicated resident back to his apartment; ten to fifteen minutes later, the guards heard two gunshots and found the plaintiff with two gunshot wounds in his back. The Bailey court stated that a premises possessor has a duty to take reasonable measures to an ongoing situation that is occurring on the premises and poses a risk of foreseeable harm to an identifiable invitee or class of invitees. The Bailey court decided that the defendant employees (the security guards) breached this duty. This is analogous to the matter before us in that the employee of Happy Times Bar (Joan Essex) was aware that there was a risk of foreseeable harm to James Pleasant, yet failed to......

Words: 1145 - Pages: 5

Free Essay


...Luis Cubilla ENG/221 Technical Writing Fundamentals Zachery Koppelmann January 28 2013 The organization of the memo from Hugh to Abram is partially organized. Hugh does not stray from his subject much and appears to stay on point with what he wants to address. The letter has an average format with a standard intro body and conclusion along with a signature which should be included in all e-mails. The clarity however leaves little to be desired for but at least Hugh admits that he does not understand his own employee or his friend. Hugh talks about how he was advised not to use certain enterprise software’s with by his friend and how he could not understand much of how the situation should be handled or how he should move forward with his business plans. The writing style is very unprofessional; it almost seems more like Hugh is writing to a friend rather than a co-worker or colleague. There are no real formalities Abram is only addressed by name once and the overall feel looks like something a brother would write to his family member. The memo seemed to be a little disrespectful in some ways. First Hugh is talking business matters with a friend rather than Abram, secondly it appears Hough’s friend is providing the basic of warnings that any programmer should look for but Hugh appears to be leaning towards his friend’s advice rather than Abram who as Hough states “respects his professional approach”. To add further insult to injury Abram has been asked to not...

Words: 456 - Pages: 2

Premium Essay

Legal Contract Memo

...Memorandum to Ms. Starz To: Ms. Starz From Date: November 16, 2013 Subject: Legal Contract between Claire Dawn and Leonardo deCapo I have found that there is in fact a legal binding contract between Claire Dawn as the Offeror and Leonardo deCapo as the Offeree (Spagnola,nd). On February 13, 2008 Claire Dawn presented a written offer to sell her 1965 Corvette Stingray to Leonardo deCapo for $25,995.00 plus the cost of the title transfer. The Mutuality of Obligation, or the requirement of both parties to be bound by the terms of the agreement (U.S.Legal,nd), is clearly stated through the offer to exchange the car for the desired amount of payment. When Mr. deCapo makes the payment in full and pays the cost required to transfer the title he will gain possession of the vehicle. There is Sufficiency of Consideration. Both parties are offering something of value, and all of the necessary components are present to make this a legal binding agreement (Clearpoint,nd.). The Parties are clearly distinguished, Claire Dawn and Leonardo deCapo, there is a mandatory value ascribe by the parties to the exchange involved in this contract ($25,995.00 in exchange for the 1965 Corvette), the subject matter is clear and present ( the vehicle/the payment). There Is Adequate Consideration – This is a fair and reasonable offer as the value of the car is consistent with the asking price. The exultancy of the asking price to the value of the car deems this contract valid......

Words: 611 - Pages: 3

Free Essay

Uscis Memo

...A Timely Analysis of Legal Developments ASAP Recent USCIS Memo on Employer-Employee Relationship Requirements for H-1B Visa Petitions: Regulation by Memorandum? By Jorge Lopez, Shin-I Lowe and Neil Grindstaff ® In This Issue: March 2010 The USCIS recently issued a guidance memo to its adjudication officers, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements.” The Memo clarifies what constitutes a valid employer-employee relationship, in the context of petitions for H-1B visas, which are commonly used by IT staffing agencies and consulting groups for placing skilled workers at third-party worksites. Donald Neufeld, Associate Director or Service Center Operations for the United States Citizenship and Immigration Service (USCIS) recently issued a guidance memo to its adjudication officers, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third Party Site Placements” (“Neufeld Memo” or “Memo”). The Memo clarifies what constitutes a valid employer-employee relationship, in the context of petitions for H-1B visas, which are commonly used by IT staffing agencies and consulting groups for placing skilled workers at third-party worksites.1 On February 18, the USCIS held a “Collaboration Session” in Washington, D.C., to address the growing concerns about the implications of the Neufeld Memo. Approximately 500 people (400 via teleconference) attended the two-hour......

Words: 2919 - Pages: 12

Free Essay

Legal Memo covers the protected confidential information for an unlimited period with no need for registration procedures. Legal action can be taken if there is any purposely breaching of the trade secret. Trade secrets laws vary significantly by country and countries utilize different designations for the trade secrets law. In fact, trade secrets protection is the least harmonized intellectual property protection system since countries have different interpretations on the constitution of trade secrets. In the United States, Trade Secrets are protected through State laws. Some countries, especially the developing and underdeveloped countries, still have no trade secret laws in place. In these countries, the protections towards trade secrets are through different branches of their legal system, the most common case is to utilize patent law as the alternative for trade secrets protection. There are some best practices regarding protecting trade secrets for MNEs. Some fundamental and should be continuously improving ones are: Require non-disclosure agreements; limit the distribution of confidential information; Have employees sign non-disclosure agreements; closely monitor company networks and protect electronic data; record and store all the documents. Last but not least, always prepare a contingency plan if trade secrets are breached and take proactive legal actions if necessary. The virologist, Stephan Becker , at the University of Marburg in Germany is part of a......

Words: 3074 - Pages: 13

Premium Essay

Pa230 Unit 2 Legal Memo

...MEMO To: Supervising Attorney From: Heather Leigh Bradley Re: Security Protocols in the Law Office Date: April 8, 2014 You have asked me to research the ethical rules about what is permissible for the website that you plan to create for the law firm. I have conducted legal research on the following issues and am presenting my findings, as follows: 1. Does the website have to list the state where s/he is licensed to practice? Yes, the website does have to list the state or states where he/she is licensed to practice law. In ABA Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law, it states that a lawyer can not mislead, or withhold their jurisdiction of legal practice to the public, or misrepresent that they can practice law in a jurisdiction that they can not. A lawyer must make it known publically where they legally can practice law. The website must list your state or states that are in his/hers legal licensed jurisdiction must be specifically listed and can not be with held from general public knowledge or misleading to the public. His/hers state or states of licensed practice must be clearly listed to the public on any form of advertising, including websites. 2. Can the attorney list a legal specialty on the webpage? If so, are there specific rules that have to be followed? Is the attorney allowed to state that s/he is a certified personal injury litigator? Yes, the attorney can list particular fields of law that......

Words: 1660 - Pages: 7

Free Essay

Legal Situations

...000400693 Ardoin LIT1 Task 310.1.5-02, 11, 13 Situation A: This situation consists of an employee who has been employed with a company for two consecutive years. This employee’s spouse recently gave birth prematurely to a set of twins. Based on these circumstances, the employee chose request a leave of absence from work, in which he was granted. The employee remained on leave for 11 weeks, at which time he requested to return to his previous role with his employer, and in addition he also requested 11 weeks of back pay for the time that he was out on leave. The employee’s previous manager left the company during the duration of the leave, and was replaced by a new one. The new manager allowed the employee to return to his place of employment as well as maintain his previous pay rate. Given the provisions stipulated in the Family Medical Leave Act of 1993 (FMLA), the following will provide supporting evidence as to how the FMLA relates to the facts outlined in this particular situation. The employee was rightfully granted leave based on FMLA, which states that an employee is entitled up to 12 weeks of leave, upon the completion of one consecutive year of employment, for the birth of a child and other domestic hardships. Considering that the employee returned to work within the 12 week timeframe, and was given his previous role with comparable pay, it is fair to say that this action aligns with the provisions of the FMLA. On the subject of back pay for the 11 weeks......

Words: 760 - Pages: 4

Premium Essay

Sample Legal Memo

...M E M O R A N D U M To: Legal Director From: Redacted Date: November 11, 2008 Re: Spiros v. Landis ______________________________________________________________________________ Question Presented Can plaintiff Ron Arnett state a claim for negligent infliction of emotional distress (NIED) under Pennsylvania law given that Arnett was located twenty feet from the accident that injured Sarah Nolan, saw Ricky Landis running toward the pool and realized immediately after the impact what had happened, but viewed the impact while underwater; and though they share an emotional bond, Arnett and Nolan are not biologically or legally related? Brief Answer Probably not. In Pennsylvania, a claim for NIED by a plaintiff who witnessed the negligently inflicted injury of a third person requires that the plaintiff: (1) was located near the scene of the accident; (2) suffered emotional shock from sensory and contemporaneous observance of the accident; and (3) was closely related to the victim. Arnett can likely establish the first two elements; he was in close proximity to the victim (discuss previous case history allowing further distance) and he witnessed the injury causing acident (underwater issue) However, the Court will probably conclude that because Arnett and the victim are not immediate family, they are not closely related. Thus, Arnett’s claim for NIED will likely fail. Facts In 2001, Arnett (age 4) was formally adopted by his uncle David Spiros......

Words: 1717 - Pages: 7

Free Essay

The Research on College Students’ Part-Time Employment and Current Situation of Safeguarding Their Legal Rights

...|Who Moved My Cheese | |The Research on College Students’ Part-time Employment and Current Situation of Safeguarding Their Legal Rights | June 7, 2011 Abstract Nowadays, college students’ taking part-time jobs is becoming a common phenomenon. College students, a group people who are the pioneers to build the future society, their behavior on choosing and doing part-time jobs and legal rights maintaining have great significance to research. We assessed the college students’ performance on part-time job employment by analysis of 390 questionnaires, using SPSS software and other data analysis systems. Based on the research, we find that majority students have strong desire to take part-time jobs, but lack knowledge of relevant law and actions to protect their lawful rights and interests. In the end of the paper we come up with several suggestions to today’s college students on choosing part-time jobs and self-protection. KEY WORDS Part-time employment. College Students. Lawful rights and interest. Aspirations. CONTENT λ CHAPTER 1: Introduction 3 λ CHAPTER 2: Literature Review 4 λ CHAPTER 3: Methodology 5 3.1 Data collection approach 5 3.2 Questionnaire Design 6 3.3 Pilot Test 7 3.3.1 Reliability 7 λ CHAPTER 4: Results and Discussion 8 4.1 Results of personal profile 8 ......

Words: 4029 - Pages: 17

Free Essay

How to Write a Legal Memo

...To: Larry Craig From: Student Re: Express Assumption of Risk Question presented 1. Whether the release of liability is enforceable in order to show Adair expressly assumed the risk. Statement of facts William Oldfield got into a habit of meeting on Wednesday night to rock climb. He, and others whom just showed up, would climb Handley rock. Oldfield would supply the ropes and other gear needed for himself and other climbers. After several years of climbers meeting and climbing, Oldfield was approached by a climber who was an attorney. He told Oldfield that he should have any climbers sign a release of liability form. The attorney prepared a release form and brought it to Oldfield and he started having climbers sign the release. Greg Adair was seriously injured in a rock climbing fall at a weekly climbing session that was operated by Oldfield. Adair has sued Oldfield for damages based on a theory of negligence. Adair did sign a release of liability prior to his climb in which he sustained injuries. Summary of arguments Whether our defense of express assumption of risk will prevail against Adair's claim of negligence will turn upon the enforceability of the Release of Liability form signed by Adair. If the release is effective, then Adair will have been deemed to assume the risks set forth in the release. In order to be effective, a release must meet several requirements. I believe the release given to Adair by Oldfield satisfies these requirements, and......

Words: 1049 - Pages: 5

Premium Essay


...MEMO To: From: Re: Date: Introduction The long-term unemployed will make state and nation decrease the productivity and increase debt in public system. In response to the chronic unemployment of low and non-skilled workers in state X, the government aims to train them to get back to social and increase the productivity to society. There are two company could take the action for government, one is private sector that offers the on-the-job training program and another one is education program that offered by public sector. Before the government choose the program, it is necessary that State Government to evaluate all the benefits and costs of each program and choose the only one to train chronic unemployment of low and non-skilled workers. Analysis Method and Assumptions This memo provides a cost benefits analysis of different sector unemployed treatment in order to increase the productivity and employee rate of State X. In this memo, the costs of benefits of the private plan are compare with those of the public sector over a 30 years period and the current year is the year of 0 of this case. In order to choose which sector is better, I calculated the net present value of costs and benefits of state, firms and trainees per trainee from year 1 to 30use different leisure value and discount rate for both public sector and private sector. The next step is calculating the costs and benefits for both private and public sector in year 0. Then I add these with the......

Words: 622 - Pages: 3

Free Essay


...MEMO TO: Social Media Team DATE: November 15th, 2015 SUBJECT: Changes in blogging mandate After much consideration, it has been decided on behalf of the Public Relations department that it is in Tech Garden’s best interest to implement a legal regulation check for our firm’s blog. An arrangement with an attorney has been made in order to maintain our continuous lack of legal strife. While we recognize that this adjustment may impact the initial quality of the blog’s content, we feel it is important to demonstrate our commitment to practicing CSR policies and keeping a safe community. This new mandate will in turn lower the risk of any litigations and reduce exposure of liability. Beginning next month, a draft of your blog entries will be screened by an appointed attorney before being approved for publishing. This process will include filtering out any traces of the following: * Defamation of any persons, corporations, or products * Copyrighted or trademarked work * Invasions of privacy * Demonstrations of legal and regulatory neglect * Disclosed information * Discovery disasters Although we understand that not many corporations feel the need to execute the use of a litigator for social media purposes, we want you to understand that they will serve as a collaborator in our competitive advantage over other firm’s. Not only is it internally important for us to have a sense of ethics in our day to day activities, it is vital for the......

Words: 1022 - Pages: 5

Free Essay

There Are a Number of Ethical and Legal Liabilities Arising Out of the Current Situation

...There are a number of ethical and legal liabilities arising out of the current situation Click Link Below To Buy: Application: Organizational Responsibilities and a Troubled Physician The obligations between health care providers and the organizations for whom they work run in both directions, and these obligations are both legal and ethical. In the Application Assignment, you will consider a scenario involving a troubled physician and discuss organizational liability issues arising from this individual's behavior. You will also propose ethically appropriate measures an organization can and should take on this physician's behalf. To prepare for the Application: Read the following scenario, imagining that you are an entry-level administrator at this hospital who is being asked to give advice to the CEO about this case. Consider the rights and duties that are entailed by this kind of contract. Consider, too, not only the legal liabilities and obligations of the organization in this scenario, but also assess what you think are the organization's ethical duties to this physician. Dr. Smith is an experienced, talented, and high-admitting cardiac surgeon. Currently, he is a community-based physician with privileges at the hospital. The hospital board would like to ask Dr. Smith to become a partner in their venture of creating a cardiovascular......

Words: 637 - Pages: 3

Free Essay


...Memo: There are three possible alternatives to address this situation. Let us discuss each alternative one by one. The first alternative is that company issues a warning that the toy is unsuitable for the children and thus, the whistle should be used with caution. The major advantage of this alternative is that it does not result in any financial losses as the toys can be shipped immediately. However, this alternative can attract legal consequences as the toy fails to pass the regulatory standards. Further, it is highly unethical for the company to ship the toys even without warning as it could be harmful for children. It is unethical for the company to ship the product which is unacceptable by US standards to another country, even though the regulations are not stringent in that country as it can harm the children in that country as well. The second alternative to address this issue is to reproduce the product and meet the acceptable limits for lead and repackage it at a cost of $100,000. This alternative will result in numerous benefits. First of all, it will be a ethical decision on part of the company. Secondly, this decision will not attract any legal liabilities and will allow the company to maintain its reputation. However, the disadvantage is that this option will result in financial losses of $100,000 for the company. The third alternative is to ship the manufactured product to a country where such product is legally accepted or meets the regulatory standard.......

Words: 1042 - Pages: 5

Free Essay

Piggly Wiggly Legal Memo/Legal Cases and Support

...Legal Cases to help define Piggly Wiggly June 18, 2012 Legal Cases to help define Piggly Wiggly Part I: When looking at the case of Blue v. Environmental Engineering, Inc., 828 N.E.2d 1128 (Ill. 2005) we are talking about a products liability case that went all the way to the Illinoi’s Supreme Court. On the way to the supreme court the case was looked at in several different lights of the law like Negligence of a defective design, strict liability, fore seeable harm, failure to warn, repose beyond limitations, and comparative negligence to just name a few. In this case the plaintiff Glen Blue, injured himself while working on a heavy-duty trash compactor, stuck his foot into the compactor to free up the caught box, in turn got caught, pulled into the compactor as the ram took hold of the box. The ram subsequently hit Blue “three times, breaking his pelvis, leg and foot. (Twerski, A. D., 2006). In the Blue case the expert witness stated in court that several safety features that were technologically available at the time the compactor was manufactured that would have averted plaintiff’s injury, and he opined that the compactor was negligently designed which would have made the product safer to use. However strict liability count was dismissed because the case was filed beyond the applicable limitations period and the statute of repose, and returned the verdict of the plaintiff being 32% Negligent. (Twerski, A. D., 2006). Thereafter the jury sided with the......

Words: 1283 - Pages: 6