In the early morning hours of November second, nineteen eighty-six, Douglas McIntyre, a policeman with the Savannah Police Department, and Clifford Balentine, the owner of a nineteen eighty-five Peterbilt tractor, were involved in a motor vehicle accident. After his shift on the night of November first, McIntyre went home at which time he preceded drinking some Miller Lite beer that he had purchased earlier that day. Around midnight McIntyre left his house in his pickup truck and visited his girlfriend at her place of employment, by this time he had consumed approximately six or seven of the sixteen ounce cans of Miller Lite. Finding his girlfriend busy, McIntyre drove to Smith’s Truck Stop and bought some gas. Balentine, who owned and drove the tractor involved in the accident, returned to Savannah after his over-the-road trucking haul for East-West Freight and spent his evening at a local club.
Introduction Kirchner v. Shooters on the Water is a case that involves the death of an intoxicated minor who attended a party and a bar the same evening he passed away. Paul Kirchner the father of the decedent brings a suite claiming the wrongful death of his son can be directly linked to the parties who facilitated his consumption of alcohol. Throughout this case the reader will be given the opportunity to examine various statutes that help determine liability in the state of Ohio. Since this is a case that is being appealed by the administrator (Paul Kirchner) it is necessary to understand that the defendants presented enough evidence to receive a summary judgment by the trial court in the initial trial. Facts This particular case is one that revolves around the concept of wrongful death and liability.
[2] They escaped in Donald Tison's 1969 Lincoln Continental, but the next day, one of the Lincoln's tires blew out on a stretch of road not far from the California border, near Quartzsite. Marine Sgt. John Lyons, 24, of Yuma, traveling with his wife, son, and niece, on his way to visit family in Nebraska, stopped to help. Five days later, his body was found along with those of his wife, Donnelda, 23, his 22-month-old son Christopher, and his fifteen-year-old niece, Theresa
Wylie told officers he had had three beers at his home and was hungry, so he went to McDonald's, the report states. When asked to recall the time, he was two hours behind and failed several drunk-driving tests, according to the report. Police say Wylie blew a 0.21 on a breath analysis test. The legal limit in South Carolina is 0.08 percent. His license was suspended and he was charged with driving under the influence, the report
Luke Woollard has told a Perth court today he cannot remember driving the boat which he crashed on the Canning River, seriously injuring one of his passengers. However, the 23-year-old said he has a vague recollection of being stuck underneath the driver’s side after the collision. Mr Woollard, the son of independent MP Janet Woollard and cardiologist, continued giving evidence in a District Court civil trial. Kate Campbell, 24, is seeking compensation from Mr Woollard for her life-threatening injuries in the November 2007 crash. Ms Campbell is claiming she did not know Mr Woollard was drunk when she got on board, but Mr Woollard’s defence is arguing she did and accepted the risks associated with travelling with a drunk driver.
Question 14 In strict liability offenses, the prosecution must prove: Question 15 A steals B’s car. The police find A with B’s car, but the car has been mostly disassembled and sold. At his arraignment, A pleads nolo cotendere. The nolo contender plea will: Question 16 The right to a speedy trial: Question 17 The city of East Cleveland had a municipal ordinance that regulated who could live together as a family in a single-family dwelling unit. Lnez Moore, an elderly grandmother, was convicted of violating the ordinance because she had two grandsons who were cousins living in the same house with her, and that living arrangement could not be considered a single family under the definition of family in the ordinance.
The Honorable Patrick L. McCarty, Judge. Cause No. 49D03-9612-CT-1631. PROCEDURAL POSTURE: Plaintiffs appealed a decision by the Indiana Court of Appeals which upheld a trial court decision granting summary judgment to defendants in plaintiff's action under the Indiana Medical Malpractice
Hairston v. Alexander Tank and Equipment Co. 311 S.E.2d 559 (N.C. 1984) FACT -Plaintiff: Bettye Hairston (John Hairston’s wife) -Defendant: Haygood Lincoln-Mercury. Inc (Haygood) and Alexander Tank and Equipment Co. -After John Hairston purchased a new car from Haygood, the left rear wheel of his car came off. Since there were no places to park his car, he stopped his car in the far right lane. However, the truck crashed Hairston’s car and he was killed because he was standing between his car and van. The plaintiff claims that the wheel came off the vehicle because the lug nuts had not been tightened on the wheel studs.
. BUCHANAN-SALLY HEARSAY/NONHEARSAY Hearsay An out of court statement offered for evidence to prove the truth of the matter asserted. Here, Buchannan, and agent in the DEA, will testify that he spoke with Sally, whose son overdosed on cocaine. The facts do not directly indicate if Sally’s son received his cocaine from Danforth. However, Sally’s reaction of fainting when she saw the photograph of Danforth can be inferred that she recognized the Defendant, Danforth, who sold the drugs to her son who overdosed.
Revitalization of Ake: A Capital Defendant's Right to Expert Assistance. Oklahoma Law Review, 60(12), 283. Retrieved from http://scholarship.law.edu/cgi/viewcontent.cgi?article=1124&context=scholar Fulgencio, M. (2006). A basic tool of due process: The necessity of an expert witness. University of California Irvine Law Forum Journal, 4(2), 47-70.