Shumaker Negligence Case Study

The 3rd Brigade, 101st Airborne Division, a unit known as the Rakkasans, were conducting Operation Iron Triangle in 2006 in Iraq when soldiers killed eight unarmed Iraqi men. The US military severely reprimanded the Commander of the Rakkasans, COL Michael Steele, for the unethical command climate his leadership allowed to exist within the unit at that time. This unit will need a new commander that can set and maintain an effective, ethical command climate through his leadership. That new commander should resolve the issues that led to the reported war crime in order to establish a culture that perpetuates an ethical command climate.

I feel that this case was somewhat representative of what was discussed in the textbook. The forensics aspects of this case were generally different from the impression of forensics I received from reading the textbook. Despite this fact, I feel that the investigative techniques of this case were similar to what was discussed in the textbook, as well as what has been discussed during lecture.

In order to call attention his claim, Filkins states “…by the time the invasion of Iraq began, they [Fox Company] had been training for a year” (Filkins). Which he then follows up with “We killed a baby, Lobello! We fucking killed a baby!” (Filkins) a direct quote from a marine in panic after the unit’s decisions to shoot everything that came through the intersection. Filkins implies that the poor training the soldiers received refrained them from making informed and calculated decisions, and as a result left them with long lasting mental scars.

Do soldiers really know how to treat an injury during a war? Well in the book The Killer Angels by Michael Shaara’s 1974 novel, we are exposed to historical figures that could have treated their injuries and made them minor if they knew how to. With the medical training we have today the figures could have saved their limbs and taking care of themselves. There were three figures that were most important and had the worst injuries. Such as, Kilrain buster,chamberlain, and Robert E. Lee.

Currently, there is a lawsuit pending in Vigo Superior Court which is alleging that negligence by a property owner contributed to the death of three people. These deaths were a result of a fire which engulfed a rental property. The lawsuit claims that both the property owner and the property agent had failed to ensure that there were functional smoke detectors installed within the home. This home was occupied by Kayla Lewis, her daughter Gabrielle, and her stepbrother Jeremiah. Gabrielle age 2, was pronounced dead at the scene amongst the early morning fire at the home. Jeremiah age 5, was transported from the scene but later died at the hospital. Gabrielle's sister Chloe age 3, and her mother Kayla were both hospitalized due to injuries sustained in the fire. Kayla made it to the hospital, but later died.

(75). He continuously shot at the animal until it was a bloody mess. Then Rat runs off to be alone. This leaves everyone in the platoon in shock, yet it still normal reaction for many soldiers. Each of them had a different mechanism to cope with the

Other than the personnel who lost limbs, there were others who were affected just as bad and will endure their pain forever most likely due to their mental state because of Post Traumatic Stress Disorder (PTSD). The Mayo Clinic definition of PTSD is, “Post-traumatic stress disorder (PTSD) is a mental health condition that's triggered by a terrifying event — either experiencing it or witnessing it. Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable thoughts about the event.” Even though back during World War I which is the time that Krebs had served this was a huge factor for returning soldiers. As stated by Jones and Wessely they say that PTSD “these features lead to avoidance and impaired social interaction.” Other than PTSD, soldiers were affected by “shell shock” which is caused by a traumatic event that will affect a person’s everyday by making them have symptoms such as “uncontrollable diarrhea to unrelenting anxiety” (Bourke). In my opinion, this could have been a problem that Krebs had since he was

Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case

Neil Rekun was killed while riding a motorcycle as he was hit by Carl Pelaez. According to Judge Raup, Rekun was 60% negligent and Pelaez was 40% negligent. “Under Pennsylvania’s Comparative Negligence Act, a plaintiff cannot recover if he or she is more than 50% negligent” (238). In the arbitrary agreement between the two parties, they use the term “comparative fault” which did not include a bar on recovery if a plaintiff was more than 50%

Smith would be 70% negligent, Mowit would be 10% negligent, and Chip-it would be 20% negligent. This is because Smith had been told multiple times not to put his foot in the wood chipper and had probably seen the warning on the machine, but put his foot in it anyways. Mowit is also partly negligent because they new Smith did not know how to properly use the wood chipper, they let him use it anyways. Chip-it portion of the negligence is due to having a design defect in the wood chipper but allowed it to be sold anyways. Smith would be 70% negligent, Mowit would be 10% negligent, and Chip-it would be 20% negligent. This is because Smith had been told multiple times not to put his foot in the wood chipper and had probably seen the warning on the machine, but put his foot in it anyways.

Shell shock is seen as a coward’s disease among the soldiers and society. Victims of this disease are often treated with unbearable cruel treatments like shock treatments. 4 out of 5 victims of shell shock won’t be able to return to the active military service. With the war over being this disease is seen by people as a way for men to get away with things they’re doing like crimes or unwillingness to work. The common reaction to these men suffering is that they’re unmanly or soft. Shell shock isn’t a coward’s disease but a disease caused by the experiences a soldier faced in the front lines of the Great War. The trenches where the war was fought weren’t a pleasant place to be. Many soldiers came back with physical illnesses

The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.

Felix Frankfurter is a small, slightly-built senior citizen who loves to eat seafood, especially prawns. He believes the best prawns sold in his suburb are at the local department store known as Rooks. One Friday he arrived at the store to do his weekly shopping. He went to the seafood counter and ordered 500 grams of green prawns for his dinner with his wife that evening. He was served by , an employee, who wrapped the prawns in a packet and then gave them to him. Felix then moved on to do the rest of his shopping. Shortly afterwards Felix remembered that his wife said her sister and her husband were joining them for dinner that night. He opened the packet with the prawns in them to check their numbers and realised that there may not be enough for a meal for the four of them so he decided to go back to the seafood counter to top them up. As he did this he was being observed by a burly shop assistant known as "Grubby" Palmer some five metres away who thought Felix's behaviour was suspicious. Palmer followed Felix as he made his way back to the counter. While walking behind Felix, Palmer observed two or three empty prawn shells on the floor. Palmer also noticed Felix was chewing. Just as Felix arrived at the seafood counter he felt a hand on his shoulder turning him round. He was then confronted by Palmer who stood within 30 centimetres of Felix and said to him in an aggressive manner: "You've been stealing prawns. I want to see inside your jacket pockets to see where they

The scenario is a horrendous string of coincidences that resulted in a tragedy. However, every party carries some responsibility for the eventual double amputation. This paper examines each of the parties, their possible liability and how that is covered by negligence law.

Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?