Case Overview Ch 1-7

5762 WordsOct 9, 201224 Pages
From Evernote: | Midterm Cases | Chapter 1: Davis v. Baugh Indus. Contractors, Inc. Trial Court dismissed the suit saying it was property owner's fault. Issue: An employee of the property owner was killed when a concrete wall collapsed. Should the risk of liability stay only on the property owner, or extend to a contractor? Rule: For the past forty years it has been the rule that liability belongs only to the property owner (and not a contractor, even if the contractor was negligent). However, thirty-seven states have rejected that rule and a contractor is liable for injury or damage as a result of negligent work, when it was reasonably…show more content…
This means that the law of a single state does not necessarily control all issues in the case and the center-of-gravity approach is applied to each issue. And, where the center-of-gravity indicates one state, if the other state’s law is contrary to the deeply ingrained and strongly felt public policy of this state, we may enforce this state’s law. Application: Tennessee law violated Mississippi’s deeply ingrained public policy that oral contracts cannot be formed by or enforced against county boards of supervisors. Conclusion: Mississippi law controls and the district court was correct to dismiss the claim. Chapter 3: Cooper Tire & Rubber v. Mendez Case Background: Mendez driving minivan w/ 6 passengers when tire made by Cooper Tire lost its tread. Mendez lost control 4 passengers were killed. Tire was punctured by a nail. Survivors sued Cooper for product defect and jury awarded over $11 million in damages; appeals court affirmed. Cooper appealed Issue: Should the plaintiff’s expert testimony be admitted? Rule: Evidence that is not reliable and that is contrary to scientific standards should not be admitted by a court. Expert testimony is admissible if 1. The expert is qualified; and 2. The testimony is relevant and based on a reliable foundation Application: The witness had the equivalent of a high school diploma with no post-secondary degrees. Although the witness worked

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