Keshia Warnken Case Project Professor Howard Hammer Case Project Part One- Table Part Two Theories Negligence/Hospital Negligence Negligence is a tort. “Tort” means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another (Ind. Ann. Code $ 34-18-2-28).Negligence is defined as a failure to exercise that degree of care that a person of ordinary prudence would exercise under like circumstances; or as conduct that creates an undue risk of harm to others; the negligence theory of liability protects interests related to safety or freedom from physical harm(21 Ind. Law Encyc.
This legal doctrine supports the concept of holding the employer or principal legally responsible for the negligent acts of the employee or agent. These agents’ acts must occur within the scope of employment to hold the principal liable. The principal is liable for the injurious activities of the agent even if the principal did not directly commit the
Izac Deharo Criminal Law State v. Damms 100 N.W.2d 592 (Wis. 1960) Facts: The alleged crime occurred on April 6, 1959, near Menomonee Falls in Waukesha County. Prior to that date Marjory Damms, wife of the defendant, had instituted an action for divorce against him and the parties lived apart. She was 39 years old and he 33 ears of age. Marjory Damms was also estranged from her mother, Mrs. Laura Grant. That morning, a little before eight o’clock, Damms drove his automobile to the vicinity in Milwaukee where he knew Mrs. Dams would take the bus to go to work.
24th July 1999: Victoria is taken to North Middlesex Hospital's casualty department with scalding to her head and face which the doctors immediately suspect have been deliberately inflicted. Kouao presents another story as to how the injuries were sustained to Lisa Arthurworrey and PC Jones. 6th August 1999: Victoria is discharged from the hospital and is collected by Kouao after her explanation for the injuries is accepted by child protection authorities. October 1999: Trial evidence reveals that from October 1999 until the following January, Carl Manning forces Victoria to sleep in a bin liner
She was admitted into the hospital with congestive heart failure and injuries due to her fall in West Virginia. The plantiff filed a suit against Wheeling Gaming saying that they were responsible for damages of $80,000.00 for physical and mental injuries due to neglecting to maintain the walkways for handicap access to the casino. ISSUE: May the court exercise personal jurisdiction over the defendant? DECISION: The Court determined that it did not have personal jurisdiction over the Defendant. The court decided that it was not going to grant the defendants dismissal of the case and they were just going to transfer this action to the Northern District of West Virginia.
Before he died in 1954, without even acknowledging his son, Scott defaulted on the judgment. In 1939, Kathleen and her brother were sentenced to five years of imprisonment for the robbery of a West Virginia gas station; Charles went to live with a maternal aunt and a sadistic uncle. This uncle often spoke of him as a “sissy” and gave him girls’ school clothes to assist him in “acting like a man”. Charlie’s strictly religious aunt believed all pleasures were sinful. On the other hand, his alcoholic tramp for a mother let him go about as he wished, so this put him in between some very different disciplinary approaches.
When leaving Creighton University, Ross had the language skills of a fourth grader and the reading skills of a seventh grader. At Creighton’s expense, Ross enrolled into remedial classes with grade school children at Westside Preparatory School. Ross later attended Roosevelt University in Chicago, but was forced to withdraw due to lack of funds. Relevant Issues In July 1987, Ross suffered a “major depressive episode” where he barricaded himself in a hotel room and threw furniture out the window that represented the staff at Creighton University that wronged him. Ross claims that the university was negligent toward him.
me year. An attempt give an emergency motion to delay the procedure flopped and the guardian, ordered to oversee the termination of the sources of nutrition and hydration to the patient. This is according to an application by Robert and Mary Schiavo (2005) on behalf of their daughter. How did this case reach the point one may ask, and the explanation is quite intriguing. The patient, Theresa Schiavo married Michael Schiavo in 1984 and they had six years of a normal marriage.
Current California Tort Law Dubbed by Prosser the "little brother of conversion," the tort of trespass to chattels allows recovery for interferences with possession of personal property "not sufficiently important to be classed as conversion, and so to compel the defendant to pay the full value of the thing with which he has interfered." (Prosser & Keeton, Torts (5th ed.1984) § 14, pp. 85-86.) Though not amounting to conversion, the defendant's interference must, to be actionable, have caused some injury to the chattel or to the plaintiff's rights in it. Under California law, trespass to chattels "lies where an intentional interference with the possession of personal property has proximately caused injury."
It is not to interfere or enforce a particular pattern or moral behaviour. The only justification for when the law can step outside its purpose and function is when the behaviour causes harm to the society. Harm is not just physical harm but also mental distress. A distinction needs to be drawn when the question of mental distress is raised. It would be absurd to think that there is a need to criminalize a conduct if an individual’s feelings are hurt or an individual is offended by another’s actions.