Question
Assume that you live in California and are returning from a vacation in Texas. While traveling home by car, you stop for a bite to
Assume that you live in California and are returning from a vacation in Texas. While traveling home by car, you stop for a bite to eat in a small dinerlocated in Arizona. After you purchase your meal, you attempt to sit down and the chair underneath you collapses, sending you to the floor. The fall to the floor results in a broken wrist and serious injury to your back and neck.The injuries you sustain requiremany weeks of medical treatment and fifteen (15) weeks of missed work. Medical bills as a result of your fall are upwards of $50,000 and counting, and you have lost wages in the amount of$15,000. You intend to sue the owner of the diner.
- Can you bring your state-law based personal injury case in a federal court? Why or why not?
- As a resident of California, suing for an injury that occurred in an Arizona restaurant, does a California court have jurisdiction over the case? What additional information might be helpful to bring a case against the Arizona restaurant in a California court?
- Assume you end up trying the case and at the end of the trial, the jury awards you $125,000 ($50,000 for medical expenses, $15,000 for lost wages and $60,000 for pain and suffering). After the trial, the attorney for the dinerapproaches you and your attorney and offers to settle the case on the spot for $75,000.Should you consider accepting the settlement? Why or why not?
As a friendly reminder, please refer to the Assignment Rubric in the course, under the Rubrics section in Syllabus & Course Info, for the grading of your written assignments in the course. It is also linked above for your reference.
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