...Murder and Wrongful Death Michael Missildine Law and Society CRJU-3313 Midwestern State University Abstract Murder is a crime in which one human being kills another human being. Murder is the most damaging of crimes to society. Murder goes against all morals and values in both historical and modern society. Social Scientists argue that legally authorized executions and abortions of unborn children can also be classified as murder. There are a number of cases where murder has gone from being a criminal case to a civil case of wrongful death. Many murder cases where a Jury did not convict a suspect of murder went further to become a wrongful death law suit in which the family sued the Defendant. Such cases have made major headlines such as the case in which OJ Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. The families of Goldman and Nicole Simpson then sued OJ Simpson in civil court and received a judgment against Simpson for approximately $30 million dollars. This case was appealed and the judgments were affirmed by the Appellate Court in California. Cases of this nature set the stage for these actions and the types of remedies that are available to victim’s families. Should families of victims have the ability to sue a Defendant for the murder of another? Should the murder suspect be sued for wrongful death even if they are not convicted in criminal court? Murder cases in criminal court must have evidence proving that the alleged...
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...Johnson & Johnson Tylenol Lawsuit BUS670 – Legal Environment of Business 5-28-2012 Abstract There have been several lawsuits brought against Johnson & Johnson Company in the past years. There was a wrongful death case filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops. When we talk about a wrongful death case, someone’s life was taken resulting from the willful or negligent act of another person or persons. After this case was filed against Johnson & Johnson, the FDA started working with the company to address its systemic quality issues (Dooren, 2010). According to the Food and Drug Administration’s Principal Deputy Commissioner, over the last several years, they have had growing concerns about the quality of the company’s manufacturing process. Johnson & Johnson Tylenol Lawsuit There was a wrongful death lawsuit filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops and there was a recall of children’s Tylenol. The Food and Drug Administration (FDA) analyzed that the use of prescription and over-the-counter cough and cold medicines in children younger than 6 years of age had been tied to serious side effects, even death (Dooren, 2007). Cough and cold products are made by several manufacturers including a unit of Johnson & Johnson. Some cold products are marketed as “infant” drops. Most product labels tell...
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...Student: Instructor: Class: Date: Should “Wrongful Birth” or “Wrongful Life” Lawsuits be Allowed? Introduction The field of biomedical science has technologically improved to make it possible for medics and the parents of the unborn child to know whether a child will be born with defects or having acquired diseases that are hereditary in nature. Through advancement of technology in the medical field and the legality associated with the practice of abortion, a new class of tort developed in the 1970s. This tort was named as the wrongful birth and wrongful life. As at now, various prenatal tests such as ultra sound and Down syndrome enable early detection of congenital ailments and disorders. This development therefore enables parents to undergo tests that determine if they are carriers of hereditary diseases that may affect the developments of their infants. For example, since the development of medical technology, women who suffered from German measles in their first twenty-eight weeks of their pregnancy were known to bear children with defects. Developments of these medical techniques deduce the likelihood of wrong and incompetent application. For example, if German measles is misdiagnosed and such testing yield false results, prospective parents who are in such a risky situation may not be warned. As such, they might not receive the warranted counseling to undergo such tests. While such negligence occurs, the possibility of giving birth to a defective child is very...
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...Wrongful custodial deaths and suicides that occur while in custody. A custodian death is when a person dies in the prison facility or the custody of police officer and some other authorities. Custodial deaths remain an argumentative question, with authorities often being accused of racism, abuse, and cover-ups of the manners and causes of deaths. A Wrongful custodial death usually results in the civil lawsuits by the estate. “A lawsuit filed a wrongful custodial death will allege that the agency as a whole was intentional, a grossly negligent, or deliberately indifferent to the needs of the deceased” (Ross 2013 pg. 390). The Wrongful custodial deaths lawsuit normally assert that the department’s rule, custom, and procedure were the immediate...
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...by the BP oil spill, including legal options for businesses and individuals looking to get back on their financial feet after the oil spill. (For in-depth information on filing a claim with BP's $20 billion compensation fund, see Nolo's article BP Oil Spill: Filing a Claim With BP's Compensation Fund.) The BP Oil Spill: Types of Lawsuits The BP oil spill has already prompted the filing of thousands of lawsuits. Businesses and workers have seen their livelihoods suffer or even disappear in Louisiana, Mississippi, Alabama, Florida, and Texas. Families and individuals in the Gulf region worry about the health hazards posed by the chemicals used to disperse and clean up the oil. And, with its dubious distinction as the largest environmental disaster in U.S. history, the BP oil spill has inflicted immeasurable devastation on the Gulf's coastline, wetlands, wildlife, and ecosystems. Here's a look at the different kinds of lawsuits being filed over the BP oil spill (with links to more information from Nolo where relevant). * Lost business profits and individual income losses. Thousands of businesses and workers in the Gulf region have filed lawsuits against BP, seeking repayment for profits and income that were lost because of the oil spill. These plaintiffs include companies and employees in the commercial...
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...facing life-threating health challenges that have resulted in mental illness and even death. The National Football league failed to acknowledge these medical conditions until 2010. The argument faced is whether or not players should be allowed to file a lawsuit against the National Football League, even though players sign contracts which has a acknowledgement of the possibility of injury during gameplay and practice. In 2013, the National Football League had revenue of $9.5 billion, not including the amounts that the teams earned throughout the season. A total of 1,696 players played for 32 teams in 2014. Football is the most physical athletic sport played, in the Untied states of America. Injuries are often expected to occur to players each year. However, most players only expect to miss a few games before they return from an injury, not realizing the potential risk of long term injury. Every play on a National Football League field consists of head to head contact between some player, or with the ground. Retired National Football League players have proceeded to file a civil lawsuit against the National Football League because, studies have found that the helmet to helmet contact experienced in the games and practice, is causes a disease called Chronic Traumactic Enephalopathy (CTE). Statement of the Problems In order to understand if players should be allowed to file a lawsuit against the National Football League, we need to better understand exactly...
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...occur when the diagnosis is wrong, treatment or even aftercare. The number of malpractice cases is on the rise in nursing homes due to the lack of employee to patient ratio leaving patients to suffer and employees on the verge of lawsuits. Back in 1986 a report by the Institute of Medicine was released stating that residents were receiving negligent care. They were likely being physically or mentally abused as well as having all their rights ignored by the caregivers. In 1987 Congress decided to pass a legislation to establish rules and standards for nursing homes. Even though the legislation was passed the nursing homes along with the caregivers were still violating these rules. This regulation was established to make sure patients were receiving the correct care in a professional manner. This meant that the caregivers were required to actively use the available resources to get the proper training to further the patients’ lives and well-being. Fast forward to year 1999, the U.S General Accounting office found a lack of treatment in nearly one- third of all nursing homes. Stated in this report they found bed sores, a number of broken bones, excessive weight loss and even death. With all of this occurring there were numerous complaints and lawsuits at the time not getting attention, until weeks or months after the issues were mentioned. Between the years 1999 and 2000 a guy from the Division for Congressman by the name of Henry Waxman found that a third of nursing homes were...
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...Week 2 Case Analysis Ashley Ulbrik Tammy Lou Fontenot v. Taser International, Inc Facts: Tammy Lou Fontenot (plaintiff) filed a wrongful death lawsuit against Taser International, Inc on behalf of the deceased, Daryl Turner. Turner fell while receiving shock from a taser and could not be resuscitated. A jury awarded Fontenot $10 million in damages for Turner’s wrongful death. Taser International, Inc filed for JNOV and a new trial or remittitur as they felt the damages awarded were excessively high. Issues presented: In this case, does Taser International, Inc present grounds for JNOV, a new trial or a remittitur regarding the damages awarded? JNOV is applicable if the evidence provided in the suit could not have swayed reasonable people to the decision made by the jury. A new trial would...
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...HSA515 February/1/2011 Healthcare Policy Law and ethics Abstract The Snow Storm Lawsuit is a case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make...
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...*The concept of supplemental Jurisdiction grows in complexity once we recognize that the Federal Rules of Civil Procedure contemplate lawsuits in which the party structure is more complex than the “A v. B” lawsuit. *Joinder Rules such as FRCP 14, 18, and 20 are rules of pleading – they specify the kinds of party and claim structures that are permitted in litigation in federal court. However, these rules don’t purport to control the subject matter jurisdiction of the federal courts – just because these rules permit a plaintiff to bring two different claims against a defendant does not tell us anything about whether there is federal jurisdiction over either or both claims in the case. -FRCP 18: Joinder of Claims -permits a plaintiff to bring more than one claim against a defendant – governs the joinder of claims, not parties -without FRCP 18, plaintiff wouldn’t be permitted to do this – under common law rules of procedure (prior to adoption of FRCP), such simple things as bringing two claims against one defendant were difficult if not impossible to do -Example: Counterclaims, FRCP 13 -allows a defendant, who has been sued by the plaintiff, to assert a claim for relief against the plaintiff -a counterclaim is not a defense (“I didn’t do it”) but a claim for relief in its own right (“you owe me money for negligently injuring me”) -when a defendant asserts a counterclaim against the plaintiff, we now have at least two claims in the case – one by the plaintiff against...
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...Coleman stole a ring that he could not afford as an anniversary gift to his wife. After the theft, Coleman met with his client John at Jimmy’s Poor-Man’s Bar where, through a series of events, Coleman killed Jimmy with an alcohol fireball and caused sustainable damage to the bar. Because of these actions, Software Inc. fired Coleman without the required interview as stated in the employee handbook. A week later, Coleman took John out to dinner to make amends where he proceeded to punch John in the eye, causing severe physical damage. Issue(s): Because of the actions carried out by Coleman, Jimmy’s mother, John, and Jimmy’s Poor-Man’s Bar sued Software Inc. for the damage caused by Coleman. In addition, Coleman sued Software Inc. for wrongful termination and the jewelry store sued Software Inc. for the value of the ring that was stolen by Coleman. In order to determine which of these suits are lawful, we need to discuss the following legal concepts: when is an employer liable for the actions of an employee and when/how is an employer able to terminate an employee? Legal Concepts: To begin, we will discuss the legal concepts surrounding an employer-employee relationship, one form of an agent-principal relationship. “Section 1(1) of the Restatement (Second) of Agency defines agency as a fiduciary relationship “which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his control, and consent by the other...
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...LAWSUIT AT MCDONALDS COREY L. BROOKS INSTRUCTOR GEORGE WEIMER BUSINESS LAW 100 STRAYER UNIVERSITY 28 APRIL 2012 Summarize the actions that lead to the lawsuit There were two women found unconscious on the bathroom floor of the McDonalds’ in Pooler GA. Nine others were complaining about feeling sick and nauseous with excessive breathing. Inside the McDonalds a carbon dioxide leak sent 10 people to the hospital. An investigation revealed that a line used to funnel off excessive carbon dioxide into the outdoors became disconnected. This allowed carbon dioxide stored in tanks in the backroom to flow into the wall of the women’s bathroom. A line used to funnel excess carbon dioxide out of the restaurant got disconnected. The gas, which is kept in tanks in a back room of the McDonald’s, was flowing into the wall next to the women’s bathroom instead of going outside. Since the incident a lawsuit was filed against the owners of the Pooler McDonalds’. In a lawsuit filed Carol Barry and her husband, William Barry, filed the suit in the State Court of Chatham County. The lawsuit stated that the owners were aware of similar incidents at other McDonald's, but failed to properly maintain the line funneling the carbon dioxide from the fast food restaurant. In the lawsuit it says the couple was traveling from New York to Jacksonville when they stopped at the Pooler McDonald's to get a beverage and use the restroom. In accordance with the...
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...was therefore bound by the arbitration clause in the agreement. According to state appellate court, the resident of an assisted living facility was not bound by an arbitration clause as a third-party beneficiary of a Residency Agreement because the contract was signed by her son, when the resident suffered from dementia and the son was not her guardian. The court explicitly rejected the holding of the Fifth Circuit as well as two other state appellate courts that had compelled arbitration on the basis that the resident is a third-party beneficiary of the contract. Drury v. Assisted Living Concepts, Inc., No. 141068, 2011 WL 3835073 (Or. Ct. App. Aug. 31, 2011). The holding allows the personal representative to continue his lawsuit for the wrongful death of his mother. The court denied the defendants petition because Dorothy was not bound to the residency agreement, and she was not bound by the third-party beneficiary because she did not sign the contract and mentally she was not able to carry out any important decisions regarding her affairs, instead the contract was signed by her son. The court added that the decedent’s son did not later assent to the contract on her behalf by...
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...on how the claim will be resolved with team C stating legal reasons for the resolution. Football Game Scenario A potential lawsuit is torts of past and future medical expenses, pain and suffering, and mental distress from the plaintiff quarterback whose arm was broken. The defendant in this case is the opposing player. The defense here will be there was no breach of duty or evidence of intentional assault. This case may be dismissed because football contracts will state the possibility of various injuries for football players. Malik a plaintiff against the stadium was injured when the railing could not support his weight. Daniel is a potential defendant for pushing Malik resulting in assault and battery. The defense in this situation is the random act of getting pushed made the railing support more wait than it normally bears. This case could result in damages paid to Malik by the stadium and by Daniel. Ruben, a minor, had beer unintentionally poured on him is a plaintiff against Malik for mental distress. Ruben may also seek damages for future medical expenses, pain and suffering, and mental distress against the concession worker for giving him a regular drink. The tort of negligence is evident with Ruben as the potential plaintiff, and the concession worker as the potential defendant. “To be successful in a negligence lawsuit, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, the defendant breached this duty of care, the plaintiff...
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...“DAMAGE AS A CONSTITUENT OF TORT LAW” INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civilwrong. Of the various attempts to define tort, Salmond's definition is rather popular. Salmond defines tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A tort arises due to a person‟s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort. OBJECTIVES OF LAW OF TORTS i. To determine rights between parties to a dispute. ii. To prevent the continuation or repetition of harm e.g. by giving orders of injunction. iii. To protect certain rights recognized by law e.g. a person's reputation or good name. iv. To restore property to its...
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