6/10/2015 Thread: DB2 Chapters 46 due 9PM Jun 14th - 2015SU... Based on the summary of facts and findings as set out below, take the side of the Plaintiff or the Defendant and set forth arguments why your side should win and how much monetary damages, if any, should be awarded by a judge or jury and in what amounts for each element of damages such as medical expenses, pain and suffering, lost wages in the past and in the future. Please explain the relevant legal principles from the text (pages 115121) and from the specific Texas law below and how they should be applied to these set of facts from either the perspective of the Plaintiff or Defendant. Note: this is not a case of Res IpsaLoquitur. Go with your instincts for the side that you are most comfortable with and give your best explanations and analysis. There is not an absolute clearcut answer, but your task is to convince a jury or judge why you should win. And would you be willing to settle? Or go to trial? If so, how much would you be willing to accept as a settlement if you represent the Plaintiff or how much are you willing to pay to settle the case if you are the Defendant? Or is your side willing to go to trial and why? In which court would you file your lawsuit? And why that court? Are there any crimes committed in these facts? Any criminal liability? Any punitive damages? If the parties want to attempt settlement, should they use mediation, arbitration or some other method? Based on the "Checklist for Deciding Whether to Sue" on page 94, is this case worthy of filing from the perspective of the plaintiff? Please answer or comment on ALL issues and questions set out in this "question" from the perspective of your choice in order to get full credit. You are encouraged to offer constructive comments or counterarguments to others' posts. I read all posts. The Law of a Premises Liability case in the State of Texas demands that the Plaintiff must prove: a. The premises (at Fort Bend Grocery) were dangerous or extra hazardous b. That the owner of the premises (store) knew about the dangerous or extra hazardous condition or they should have known c. That the owner of the premises failed to reduce or eliminate the harm d. Plaintiff was injured as a result of a, b, and c. In Texas, we follow the legal principle of "comparative negligence." Example: after hearing all the evidence, the jury finds that the plaintiff and the defendant are both negligent defendant 80% plaintiff 20% and awards $10,000.00 in monetary damages. That jury award will be reduced by the plaintiff's 20% negligence. Therefore the plaintiff will only recover $8,000.00. If plaintiff and defendant are both 50% negligent then plaintiff would only recover $5,000.00 of the total $10,000.00. If the plaintiff is found to be 51% negligent or more, then the plaintiff is "more negligent than the defendant" and recovers zero. Is FredFalldown's case an example of comparative negligence? data:text/htmlcharset=utf8,%3Cspan%20style%3D%22margin%3A%200px%3B%20padding%3A%200px%3B%20border%3A%200px%3B%20outline%3A%2... 1/2 6/10/2015 Thread: DB2 Chapters 46 due 9PM Jun 14th - 2015SU... Facts and Findings: 1. Fred Falldown sued Fort Bend Grocery located in Sugar Land, TX. 2. On October 15, 2014, Fred slipped and fell down on a slippery substance on aisle five while shopping alone he was pushing his cart with both hands while looking at the shelves trying to choose his new favorite beer. 3. Wally Witness testified in his deposition: \"...I told the cashier about three to four minutes ago that there was some sort of wet substance or water or something on aisle five that should be cleaned up.\" Note: what is a deposition? 4. In answers to written Interrogatories by Plaintiff Falldown, Defendant FB Grocery gave this sworn written answer: \"We have staff check each aisle at least every 15 minutes see the attached (Exhibit 12) signed work sheet by the department supervisor indicating that aisle five was checked approximately 15 minutes before the Plaintiff claims to have fallen.\" Note: what is an interrogatory? 5. Plaintiff Falldown has the following medical bills: a. Emergency Room and Ambulance $4,300.00 b. Doctor $1,250.00 c. Physical Therapy $2,900.00 for treatment to his neck, back, and right arm. Mr. Falldown missed 12 days of work he makes 185.00 per day. 6. Plaintiff Falldown has a bulging disk in his low back and there is a possibility of future surgery which could cost $32,000.00 currently he has no more medical appointments. 7. Plaintiff has made a \"settlement demand\" of $47,500.00. Defendant has made an offer of $9,000.00. Note: because this is a significant assignment it will be graded as "double credit" for this single DB question. This set of facts and discussion hopefully will emphasize to you that "facts matter" therefore developing and presenting relevant evidence is important to any case. data:text/htmlcharset=utf8,%3Cspan%20style%3D%22margin%3A%200px%3B%20padding%3A%200px%3B%20border%3A%200px%3B%20outline%3A%2... 2/2 \f\f\f\f\f\f\f\f6/10/2015 RE: DB2 Zinn Lauren H RE: DB2 Larry W. Harrison Wed 6/10/2015 2:50 PM Inbox To: Zinn Lauren H ; Legal principles are also known as legal definitions and thought processes. Those pages 115 121 contain major headings which are the topics for legal principles. The explanation of the topics is also explaining the legal principles. Please answer all topics and questions and apply Texas Law as I have presented it. Show the class how to do it. Double credit! lwh Larry W. Harrison 2814911300 From: Zinn Lauren H [mailto:ZinnL@uhv.edu] Sent: Wednesday, June 10, 2015 2:44 PM To: Harrison, Larry W. Subject: DB2 Hi Mr. Harrison, I was wondering if you could help me with something on DB 2? In the instructions for DB 2, It states "Please explain the relevant legal principles from the text (pages 115121) and from the specific Texas law below" What do you mean by legal principles? Do you mean the definitions in those pages? I'm just trying to get a better understanding? Thanks, Lauren Zinn No virus found in this message. Checked by AVG www.avg.com Version: 2015.0.5961 / Virus Database: 4355/9988 Release Date: 06/10/15 https://outlook.office365.com/owa/projection.aspx 1/1