Irac Paper to Judge Regarding Negligence Decision

In: Other Topics

Submitted By Emerald1957
Words 2322
Pages 10
Assignment 3 (Negligence)
Date: February 19, 213
To: Judge Stephan Haas
Re: Negligence Judgement
Facts:
The plaintiff, Alan was in the terminal at O’Hare airport in Chicago, and while running to catch his the plane he slipped on a banana peel, which he had not seen. When he slipped on the peel, it caused him to slide across the floor and hit his head on a metal container and suffers a severe head injury. The plaintiff, then files a negligence suit against the airport. O’Hare maintains that after an investigation into the incident revealed that the banana peel was brownish when the plaintiff slipped on it. The defendant maintains that the peel could have just been dropped by another passenger, and has no idea how it got there.
Issue:
Does the plaintiff, Alan have a legal basis against O’Hare airport for negligence, and does O’Hare have a legal basis for a summary judgement against the plaintiff due to lack of evidence on the part of the plaintiff?
Applicable Law:
Under Illinois rules of negligence, 1-14 Illinois Tort Law § 14.01 the term negligence is applied both to conduct and to a cause of action. Some courts, following the Illinois Pattern Jury Instructions, define negligence as "the failure to do something which a reasonably careful person would do or doing something which a reasonably careful person would not do." This standard applies to the conduct of the defendant. It may also apply to the plaintiff when contributory negligence is an issue.
Although Illinois state courts have not adopted the "Hand Formula" articulated in United States v. Carroll Towing Co., the United States Court of Appeals for the Seventh Circuit has applied it in negligence cases governed by Illinois law to define the negligence standard. Under the "Hand Formula," negligence involves determining whether the burden of precaution is less than the magnitude of the accident, if…...

Similar Documents

You Are the Judge Paper # 1

...GBS 205- Mitchell J. Pratt Example: A Judge #1 9/29/12 Elaine, who has been an employee for two months, has sued her employer, Jerry because he has fired her without any reasoning or rationalization. The job offer that Elaine received was a letter that she had been given, which mentioned that her annual salary would be $30,000 and she would receive great opportunities at the company. Although the company that hired Elaine was an at-will-employment business, Jerry decided to fire Elaine after two-months and hire a man in for her position, Kramer, who had less job experience and education then Elaine. Elaine has now sued Jerry for being terminated, she wishes to have her job back and have a steady income and an annual salary. Elaine’s lawsuit has a strong case for sexual discrimination and unlawful business ethics by her employer, ensuring that Elaine, who was given no reason for the termination and after the termination Jerry hired a man, who had less job experience and education, gets her job back. However, there are certain exceptions that favor Elaine for being mistreated and fired so abruptly. The exceptions that I believe will help Elaine in the Lawsuit against Jerry other then sexual discrimination, are as follows; Tort Exceptions, Implied-In-Fact Contracts. Statutory Exceptions, and the Public Policy Exception. Certain issues need to be considered and discussed before beginning this lawsuit to ensure that there is a legitimate case. Some things to consider are; is there...

Words: 1530 - Pages: 7

Negligence

...NEGLIGENCE The elements of negligence are set forth in the case of Carr v. Union Pac. R.R. Co., ____S.W.3d____, 2011 WL 4489982 (Tex. App.-Houston [4th District] 2011 no pet.), as follows: Elements: 1. The existence of a legal duty; 2. Breach of a legal duty; 3. Proximate causation, and; 4. Damages. Factual Background: This suit arises out of a train derailment occurring across the road from the Carr’s residence. The derailment caused one railcar to derail and spill the contents, methyl isobutyl ketone, a colorless chemical used primarily as a solvent. The Carr’s noticed the smell of the chemical and immediately complained of headaches, congestion, and runny noses. At the Trial Court level the Carr’s failed to provide expert testimony as a link between the chemical spill and the physical symptoms the Carr’s had experienced . The Suit: The trial court granted a no-evidence summary judgment in favor of the Appellee, Union Pacific Rail Road. The Appellants, (the Carr’s, et.al), failed to meet two of the four elements of negligence. The Appellants appealed, arguing that expert testimony is not required. The District court disagreed, reasoning that summary judgment was “proper because the Plaintiffs have not presented any expert witness testimony on the issues of proximate cause and damages”. The Appellate Decision: The Trial court decision was affirmed. SUDDEN EMERGENCY The elements of the rule of non-liability known as sudden emergency are set......

Words: 983 - Pages: 4

Negligence Paper

...UNIVERSITY OF PHOENIX Negligence Paper Amputation Mishap Varana Stampley 8/20/2012   The courts have had difficulty defining the difference between ordinarily and gross negligence: but differences are recognized. `Negligence is the failure or alleged failure on the part of a physician or other healthcare provider to perform a procedure or act in a similar situation as a prudent person would, or would not do in that situation., such as exercised by other reputable physicians treating similar clients in performing a legally recognize duty resulting in foreseeable harm, injury or loss to another. The difference between the two is the measure of the standard of care. Gross negligence is when the reckless provision of healthcare is clearly below the standards of accepted medical practice, either without care for the potential consequences or willful disregard for the rights and or well being of those for whom the duty is being performed. Malpractice refer to negligence or misconduct and is the breech by a member of a profession of a standard of care,. The failure to me standard of care or standard of conduct that is recognized by a profession reaches the level of malpractice, when a patient is injure or damaged because of error. After the 1970’s the number of malpractice suits filed against professionals greatly increase. Most malpractice suits involve doctors, especially surgeons, and other specialist who perform medical procedures with a high degree......

Words: 1082 - Pages: 5

Js Decision Making Paper

...Jennifer Schatzman MGT/230 – Management Theory, and Practice September 30, 2013 Ronald Sprague Life is full of decisions. What to eat for breakfast, what to wear, or what to do with the next step in the journey of life. Different stages will present varying demands that will require decisions to be made. Every day, individuals are faced with opportunities, and with opportunities we are faced with decisions. This paper will briefly discuss just one decision that was recently presented in my life. I will discuss the steps taken to reach the decision, and the similarities to formal decision-making steps used in the business world. Finally, I will reflect whether or not my decision would have differed if formal steps had been used. I had a decision to make. I was going to have two children under the age of two. How would life work once I was done with maternity leave? What sort of life would our family have with the schedules we were currently doing? My husband’s work schedule was Monday through Friday, daytime, as teacher at an elementary school. My work schedule was Thursday through Saturday, and then Monday, overnight grave shifts that would get me home just in time for my husband to leave for work. How would I be able to care for my kids working this schedule? Would we even be able to afford anything in our area? Would I be able to change my schedule? Could we afford for me to change my schedule? Should I stay in......

Words: 737 - Pages: 3

Technology Decision Making Paper

...Technology and Decision-Making Paper Allie Timbo Health Care Informatics HCS482 November 8, 2010 Richard Ong, MBA, FACHE Technology and Decision-Making Paper More than ever before, information technology is helping clinicians and health care systems improve the collection and management of data along with the ability to aid in decision–making for clinical and business issues. Information technology has led to significant improvements in quality of care, patient safety, and communication between clinicians. The key to information technology and decision-making is to develop relationships between information technology and the users to make effective decisions. Systems that support decision-making assist the user’s ability to make short and long-term decisions by providing information to make decisions concerning particular situations. Health care informatics “incorporates theories from information, science, computer science, and cognitive sciences” (Englebardt & Nelson, 2002, p. 5). Health care informatics specialists use theories, and the Data, Information, and Knowledge (DIK) Model to guide their practice, which in turn supports clinical practice and optimizes health care delivery. Systems and Informatics Theories Theories are useful in several ways. Theories form a reference point for information technology and users. Without theories users would spend time condensing information and data from empirical sources. According to John Holmes, chairperson of the......

Words: 2571 - Pages: 11

Negligence

...NEGLIGENCE – DUTY AND PROXIMATE CAUSE STANDARD NEGLIGENCE Negligence is the most common tort liability. Contrasted with intentional torts where there is a desire by the actor to cause some harmful result, negligence occurs without a desire to cause a harmful result by contact, but nonetheless does cause harm to the person being injured even without the desire. Simply put, negligence is conduct, and not a state of mind. It usually is associated with accidents or carelessness. An accident may be unavoidable if the occurrence was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of “reasonable” precautions. The central premise of negligence is that we all are members of a collective society that depend on a social order for the good of the community and to promote commerce. How members of the social community conduct themselves will impact other members both for the good and sometimes for the bad. Essentially, this is a “limited duty” all members have to other members to be “reasonably” careful in their conduct to avoid injury to others. When the duty implicit in the circumstances is breached and injury to another occurs, the injured person may recover damages to compensate them for their harm by proving that the conduct of the person causing the harm was negligent. Negligence rules attempt to strike a balance between properly compensating people for their injuries and protecting society and its members from......

Words: 3700 - Pages: 15

Negligence Paper

...Negligence Paper HCS478 September 22, 2014 Amputation Mishap The article of the "Amputation Mishap," located in (Pearson Health Science, 2014) Neighborhood News, season 3 episode 7 is about a 62-year-old gentleman who went into the hospital to have his right leg amputated, but instead the wrong leg was amputated. He received a below the knee amputation of his left leg. The reason that he was having his right leg amputated was because he is diabetic and has poor circulation in his right leg. The surgery did not correct his problem but instead created bigger problems, because he still has the leg with the poor circulation and will most likely still need his right leg amputated. This was a huge mistake that the hospital staff has made. The incident of the wrong leg being amputated is a result gross negligence. This paper will be discussing the difference between negligence, gross negligence, and malpractice. It will also cover my opinion about the situation, deciding whether it was a mishap or negligence, the importance of documentation, the ethical principles that serve as a guide in the nursing practice in this situation, and how documentation should be done to satisfy ethical and legal requirements. For negligence or malpractice to be present there is a couple of things that needs to be proven such as a duty owed to the patient, breach of duty to the patient, foreseeability, causation, injury and damage. In order for there to be negligence, it has to be an......

Words: 1261 - Pages: 6

Negligence

...| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable)      | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for plagiarism. Should the reproduction of all or part of an assignment be required by the University for any purpose other than those mentioned above, appropriate authorisation will be sought from me on the relevant form. | OR, if submitting this paper electronically as per instructions for the unit, place an ‘X’ in the box below to indicate that you have read this form and filled it in completely and that you certify as above. Please include this page in/with your submission. Any electronic responses to this submission will be sent to your ECU email address (or, where relevant, the digital dropbox for the Blackboard site for LAW1100).Agreement X ...

Words: 3381 - Pages: 14

Decision Making Paper

...Article Rebuttal Paper Shaneika Rogers BCOM/275 November 11, 2014 Dewayne Acree Introduction Apple and Samsung has been at battle for a while over having the best technology out there when it comes to on the go electronics. This started when Apple claimed that Samsung somehow copied the IPhone. Lately Samsung was fined for revealing confidential information about Apple. But Samsung also exposed the same information about their company as well. Analyzing the Reliability Samsung states that Apple have published the licensing agreement on their product back in October and left it exposed for up to four months. Apple apparently has been refusing to provide information on the theory of Samsung stealing their technology. When analyzing the reliability of both phones and electronics none of them are completely perfect. When choosing a phone you look for preference like security, speed, battery life, or camera features. Samsung is known for the microphone issues whereas Apple technology comes equipped with a number of battery issues. Studies have showed that Apple technology is three times more reliable than its closest competitors. When comparing Apple to Samsung you have a variety of things to consider. Apple went under testing and as a result had the fewest number of problems in relations to the IPad and IPhone. Most of the problems found where related to battery life. The best seller of Apple is its interface, camera, and app store which will keep......

Words: 602 - Pages: 3

It Decision Paper

...Abstract The document enclosed contains a project proposal for review by the Wobbly Wheels IT Governance Board. The purpose of the proposal is to outline a new system to automate shipment size tracking, increasing profitability and competitive advantage. Enclosed is a full description of the project, how it aligns to the business needs, and performance measurements for ensuring business value is attained. Additionally, included is the standardized System Development Life Cycle process, used to ensure the project remains aligned to business needs throughout its life cycle.   Wobbly Wheels IT Decision Paper Wobbly Wheels has expressed numerous complaints involving the current delivery system. One of the key complaints is the lack of processes for tracking shipment sizes and the capacity within warehouses and trucks. The lack of formal processes has resulted in multiple turned away shipments, due to overloaded warehouses, or lack of space in loaded trucks. The project below is meant to specifically address this issue of informal shipment size tracking. Project Description The proposed project is an automated system for tracking the weight and dimensions of packages, integrated with the information about warehouse and truck capacity in order to ensure that trucks can be loaded to full capacity without fear of turned away shipments. The warehouse employees would use the system for inputting shipments size and dimensions, while dispatchers would use the information to......

Words: 1494 - Pages: 6

It Decision Paper

...Rusty Rims IT Decision Paper Assignment Before you begin this assignment, be sure you have read the “Rusty Rims Wheels Case Study,” any feedback on your proposed IT project from your ITSP Part 2 assignment, and the previously assigned chapters in the textbook. Purpose of this Assignment This assignment gives you the opportunity to apply the course concepts to develop an IT Decision Paper to explain and defend an IT project at Rusty Rims Distribution Company (RR). This assignment specifically addresses the following course outcomes to enable you to:  Apply best practices in information technology management and governance to make, defend, and justify an IT decision. IT Decision Paper for Your Proposed IT Project For your ITSP, Part 2, you proposed an IT project for RR. Carol, the CIO at RR, has asked you to write an IT Decision Paper to explain your proposed project. She wants to use the Paper to gain approval from the Governance Board to move forward with the project. This assignment uses a format for a Decision Paper that has been tailored to the course material covered in this class. You may work for an organization that has a format for IT decision papers, and it would be a good idea for you to take a look at it, but it will likely be structured a little differently from this one. Each organization develops tools and techniques that will work for them. Assignment You will develop an IT Decision Paper, using the outline below. Each of the topics to......

Words: 3201 - Pages: 13

It Decision Paper

...| * | | Moderately Complex | | | | Straightforward | | |   | Performance Measures: The performance measures of the key benefits are given below in the tabular form: Benefits to Business | Measure | Customer Satisfaction | Increased business due to the addition of new customers and the addition of returned customers | Reduced Delivery Time | The average delivery time for the freights per mile is reduced. | Reduced Freight delivery costs | The average of the freight delivery per mile is reduced. | System Development: In order to develop the project, the project must undergo the five stages. (Bor-Yuan Tsai, Stobart, S., Parrington, N., & Thompson, B. ,1997) * Plan: All the requirements are gathered regarding the employees and their designations/roles in order to make the scheduling of the work. Then the planning of the system is done. * Design: Then the design of the system is made in terms of the front end, back end and the application end. * Build: Then the application is build up using the system design and the system development plan. * Test: Once the application is made, it is further tested with the real scenarios. * Launch: After the testing is done, the application is launched in the live environment. References: Bor-Yuan Tsai, Stobart, S., Parrington, N., & Thompson, B. (1997). Iterative design and testing within the software development life cycle. Software Quality Journal, 6(4), 295-310. Allen, E. B.,......

Words: 1615 - Pages: 7

Negligence Paper

...Negligence Paper Jennifer Zuber HCS/478 April 11, 2016 Susan Lawson Negligence Paper In 1711, Alexander Pope wrote in a poem, "To err is human." Errors happen in every walk of life and every career path, but there are some areas where and error could be the difference between life and death or profound injury. The healthcare field is one of those areas. Over time, health care has evolved. There are now so many practices and protocols in place so that errors may be avoided. It is understood that there are some errors that may occur due to being human, and then there are other mistakes that should never happen, such as surgically amputating the wrong limb. There are so many safeguards in place to prevent such errors from happening. Negligence is a general term that denotes conduct lacking in due care (Guido, 2014). Malpractice sometimes referred to as professional negligence, is a more specific term that addresses a professional standard of care as well as the professional status of the caregiver. To be liable for malpractice, the person committing the civil wrong must be a professional, such as a physician, nurse, accountant, or lawyer (Guido, 2014). Gross negligence is an act or omission “which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which the actor has actual, subjective awareness of the......

Words: 1256 - Pages: 6

Negligence Paper

...Negligence Paper University of Phoenix Health Law & Ethics Negligence Paper Being a medical professional has many challenges when dealing with direct patient care. Sometimes in the best of circumstances, incidents occur with patients that cause undue harm. This paper will differentiate between negligence, gross negligence, and malpractice. It will also discuss the article “Amputation Mishap; Negligence” from the Neighborhood newspaper. It will discuss the importance of documentation and the ethical principles that would guide my practice as a nurse. Negligence can be defined as the failure to use reasonable care that a reasonably prudent person would exercise in like circumstances. (West, 1998). Negligence occurs when a medical health professional fails to perform his or her duties with the patient in question. If a nurse fails to give medications as ordered, and as a result the patient's condition worsens or he dies, the nurse may be found negligent. If a nurse has inadequate nursing skills or fails to pay attention to tasks, it may result in a suit of negligence against a nurse who fails to provide approved standards of care. A good nurse knows their duties and has good communication between the patient and the physician. The nurse knows board regulations and practices within legal guidelines. Gross negligence can be defined as a conscious and voluntary disregard of the need to use reasonable care which is likely to cause foreseeable grave injury......

Words: 1132 - Pages: 5

Research Paper Regarding Study Habit

...not get the right techniques and strategies in studying and their attentions were focused more on other things that pleases them more. The researchers would like to make clarification based on Pogue’s trivia. This may be true but there is still a part that makes it somehow incorrect. Study habit of a particular person varies from the study habits of others. Some students do have a good study habit which made them to pass and on the other side, there are also some students who are practicing poor study habits which made them fail. In short, Pogue’s trivia is somehow incorrect when it comes to the quantifier that he used. Not all students fail because half of them were able to pass. The researcher based this concept on the studies regarding study habits undertaken. Two Factors Affecting Study Habits According to Othtis (1995) in his study about the two factors of study skills, these two of study skills, these two factors include motivation and style. Motivation is the enthusiasm of a person to do something while learning style is the method used by a certain student or person to study much easier and more efficiently. These two factors intercede with each other for motivation without learning style is useless. The same through with......

Words: 4166 - Pages: 17