Question
Rhoda Dendrum is the proud owner of a terrific plant store.She and her partner, Kris Anthemum, opened the store in 2004. They sell plants and
Rhoda Dendrum is the proud owner of a terrific plant store.She and her partner, Kris Anthemum, opened the store in 2004. They sell plants and other accessories for indoor gardening.In March of 2021 the store was going through a remodel. The Architect was a renowned local named William (Bill) Ding. He was hired to develop a plan to make the plant store more comfortable for customers so that customers would spend more time in the store. The consensus of opinion was that a comfortable store encourages more time spent in the store thus more money spent by consumers.The store was approximately 10,000 square feet, so this would obviously be a complex anda terrific project. The estimate project costs were 789,000 dollars.
The general contractor in charge of the project is Jack Hammer. The flooring company is owned ny Lynn O'Leum and the framer was a company named Rusty Nailz. The plumbing company is owned by Roy L. Dumpf.
One of the modifications was a flowing stream in the middle of the store. The stream was not properly constructed and as such there was slow seepage from the stream along the customers' aisles. The seepage was caused by an improperly installed subflooring. No one wants to admit that he or she is responsible for the faulty work.
On July 5th, a customer by the name of Iona Mink slipped and fell and sustained injuries which are serious. The store is located in La Jolla, California. For the purposes of the the following questions, please do not analze the tort liability of the parties rather look at the procedural issues, please.
How can she find a lawyer and how should he hire him or her? What about the rate, court costs? What are her options?Assume that she hears about a lawyer named Kay Pasa. What types of questions should Iona ask?
The attorney for the plant store for years has been Barry D Hatchett. He charges 300 per hour. IfIona hires Kay, where would the lawsuit be filed and why? Once the lawsuit is filed, what happens next? How does the defendant get involved? Who would the defendants be? Please explain this thoroughly.
Should Bill be hiring a lawyer? Please assume that there is no insurance. How should Bill hire one? Can Bill or the owners file cross complaints against each other? Please explain the nature of a cross complaint and why this is a good idea or a bad one in this case.
Whatabout discovery in a civil suit. What is that? What types of discovery can and should happen in a case like this? Please fully explain. Why are these significant? Make sure that you analyze the discovery and explain why you would or would not use each one. In other words, please be thorough in the analysis of the use and the cost of the discovery.
Iona also wants to try and avoid a trial. Is there any way to resolve this without a trial? What is the concept of ADR and how does it work? What types of ADR are available and what is the best for this particular case? Please fully advise her.
Please be thorough.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started