Question
Short Paper #1 (450 to 600 words): Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from
Short Paper #1 (450 to 600 words): Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules regarding subject matter and personal jurisdiction to those facts to obtain your answer and explain it. Submit your answer as an attached word or pdf file. Please review the rubric (under the rubric section) before completing any assignment or short paper.
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 diner located 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 require many 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 diner approaches 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?
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