Project #106764 - Business Law

 

  • This project requires you to identify and analyze legal issues and to make recommendations based on one or more fact patterns. The issues will relate to the concepts covered in weeks 1, 2, and 3 about the legal environment of business and business organizations.

 

 

 

 

 

You needed to discuss the elements of a negligence suit - duty, breach of duty, causation and damages as to Tom, Mary and Charlie. Needed to discuss jurisdiction, venue, comparative and contributory negligence. Could have discussed the last clear chance doctrine.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                 CRITICAL THINKING PROJECT

 

 

 

 

 

            You are an attorney practicing law in Prince George’s County, Maryland.  A potential client, who lives in Montgomery County, contacts you about a situation she confronts.  The basic facts are that this person, Mary,  says that she was getting ready to make a right turn on red at the intersection of Metzerott Road and University Boulevard in Prince George’s County, Maryland to head West towards Silver Spring.  When she stopped, she looked to her left and saw a vehicle in the distance but judged that she had time to make the turn.  She had her classmate Charlie in her car with her.  When she made the turn, it appeared that the on coming vehicle, operated by Tom, accelerated apparently trying to beat the amber light at the intersection.  A collision occurred to the rear of Mary’s vehicle.  The impact was so great that her vehicle was pushed across the two lanes to her left hitting another vehicle that was going in the westbound direction.  Mary’s vehicle hit a tree.  She was severely injured and taken to shock trauma in Baltimore by helicopter.  Her passenger Charlie was also severely injured. 

 

 

 

            Mary and Charlie had medical bills of $25,000 each.  They both had scarring from where they received stitches.  Mary had a rotor cuff tear which required surgery.  She was give a 20% permanent disability rating and can no longer play tennis.  Charlie walks with a limp and hurts on days that are cold.  Mary is fearful of driving.  Neither could work for several weeks after the accident.  Both had to withdraw from their classes at UMUC. 

 

 

 

The defendant Tom, the one who hit Mary, was determined to have been intoxicated.  It could not be determined whether he was speeding or whether he ran a red light.  Under Maryland law he would have enjoyed the right a way. 

 

 

 

            Analyze these facts.  Respond to me as if you were responding to both Mary and Charlie as to what causes of action, if any, they have against the Tom.  Compare and contrast what the out come might be if Maryland was a comparative negligence state instead of one that still has contributory negligence as a defense in a case like this. What would be the proper jurisdiction and venue for any law suit?  What type of case is this?  What are the elements that must be proved? What defenses does the defendant possibly have?  What is the proper jurisdiction?  What damages, if any, are Mary and Charlie entitled to. What damages, if any, would Tom be entitled to?  How are they determined.  Is Charlie’s situation different than Mary’s.  THINK!

 

 

 

Subject Business
Due By (Pacific Time) 02/05/2016 12:00 am
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