Conclusion 49 of the 100 responding jurors (49%) found no negligence against the named defendant, Oak Ranch Development. However, 67 of the responding jurors (67%) found the unnamed third party (the Builders) negligent. Several of the jurors assigning negligence to the Builders believed that because the defendant provided the geological survey results to the Builder, the defendant’s responsibility essentially ended at that point. Favorable jurors also questioned the due diligence of the Builder when evaluating individual lot soil conditions, and determining the appropriate foundation for the property. There is certainly a strong opportunity to transfer a significant amount of the negligence to the Builders (over the 51% threshold.) Jurors who are knowledgeable and …show more content…
Most felt there is a “Low Risk” of foundation damage to every home in Houston and the surrounding areas, and there is likely no such thing as “No Risk.” A voir dire question can be authored on this concept to identify potentially dangerous jurors. This theme will especially resonate with jurors having family and friends living throughout the Gulf Coast area, as they will be well aware that street, sidewalk and driveway cracks are not unique to the plaintiff’s …show more content…
The defendants must emphasize how the great schools, great community, and access to great shopping and entertainment venues, definitely represents a “Master Planned Community,” and is available to all residents of the Woodlands. As the DTPA awards are approximately 38% of the average juror verdict, the defendants have a good opportunity to significantly reduce any judgement against them by successfully defending this
Facts: Based on the facts presented, the family was vacationing at the Wildhorn Ranch during August of 1986. William and Jared Geringer was involved in a paddle boating accident that the resort offered as an amenity, that resulted in the death of William and Jared Geringer. The facts in the case focused on the duties of the owners, the involvement each defendant had in the operations of the ranch and if their actions resulted in negligence. The courts focused on the maintenance and conditions of paddleboats used at the resort. In this case it was determined that the defendant Les Bretzke was the independent contractor that was responsible for the construction and repairs of items throughout Wildhorn Ranch which included the paddleboats used by William and Jerad Granger.
The trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. [No opinion issued from this court]
Cross-Complainants are informed and believe, and thereon allege, that Cross-Defendants had no intention of completing the reconstruction improvements within the amount approved by the Bolanos’ insurance company. With the Home Improvement Contract, Cross-Defendants submitted an estimate for $275,718.08. When the Bolanos’ insurance company only approved repairs for 251,569.81, Pedro Luis Hidalgo made representations that all insurance companies approve less but that Cross-Defendants know how to obtain the difference between the requested and approved amounts.
In Winnipeg Condominium versus Bird Construction, the tort law focused on negligence. As Justice La Forest indicated, the construction of the building resulted in a defect which presented a potential for physical damage and a possible danger to the public. While there was no mention of any involvement of an engineer as a defendant in the case, if the actions of an engineer would have been in question, then that engineer could also have been named as a defendant. However, the negligence tort was being directed primarily at the general contractor in this case.
The central issue in the mock trial was whether the payment of life insurance from Prime Global Insurance group to Raven Temple, the wife of the late Aubrey Temple, was warranted. Aubrey Temple purchased a life insurance plan from Prime Global Insurance on March 16th, 2011. Prime Global Insurance’s policy is illustrated clearly in their terms and conditions that the one-million dollar payout to the policy holder’s beneficiary on the condition that the death of the individual must not have occurred by suicide within two years of enacting the contract. My contribution to jury deliberations were to synthesize the evidence to most accurately depict the events that passed, and to come to a conclusion whether Mr. Temple died by suicide or accidental death, and if his death occurred before the two-year time period as outlined in the insurance company’s policy. The prosecution and defense painted a story for the jury and called on witnesses including Ms. Temple ¬– the wife of the late Mr. Temple, Mr. Usher – former business partner of Mr. Temple, the transcript of a sworn testimony by the medical examiner of Mr. Temple, a detective who arrived at the scene, the limo driver who was driving Mr. Temple from that night’s Veteran Ball, and an individual who was driving behind the limo before Mr. Temple was ejected out of the vehicle.
This presentation is on the article titled, “Recovery Ranch”, by Tim Smith. This recovery facility caters to those with a number of ailments, including PTSD. This facility located in Nunnelly, TN offers a continuum of addiction treatment services. This outdoor facility allows the clients to participate in an array of recreational and leisure activities. Some treatments of PTSD are cognitive behavioral therapy and cognitive processing therapy. The ranch can be quite costly. Recovery ranch uses the social behaviors of the clients in order for their healing process to begin. This topic was chosen because the clients are able to partake in many nature activities and the participants are able to cope better with people that they can relate to. It
The prosecutor advised the jury to consider the extent to which Ford recklessly and knowingly trade profit over safety in the placement and design of the Pinto’s gas tank. Ford Company went ahead to manufacture the car even after the engineers did a crash test that
Statement of Issues: American Golf Corp is requesting a review of the Fulton Superior Court (Georgia), which has favored Jeffrey and Haley Manley for the actual damages and approved the golf course operator’s motion for a directed verdict for punitive damages for the Manley’s for the negligence action at the golf course. They are suing the company of the golf course and seeking punitive damages. The court decided that American Golf Corp is responsible for punitive damages but has allowed the claims for actual damages to go to trial. In Case No. A96A0615, American Golf Corp appeals from a jury verdict of $140,000 for Jeffrey Manley and $10,000 for his wife, and in case No. A96A0616, plaintiffs cross-appeal from the trial court’s denial of their motion for a pre-judgement interest.
Very few of these cases have been tried in Illinois and it is difficult to place a value on each of the elements due to a lack of data and the unpredictable nature of juries. Consequently, the following is our best estimate relating to the potential damages in this matter.
Your Honor and members of the jury, my name is Rayhana Daoudi. I am here to prove, on behalf of the Storm Chaser organization, they are not guilty since Alejandro Desafios signed various waivers relieving us of responsibility. The Storm Chasers are not guilty of negligence, wrongful death, or survival of
The observations of the subjects in the following paper were conducted on Saturday, October 17th 2015 at Denver Downs Farm in Anderson, South Carolina. Denver Downs was hosting a fall event that included hayrides, sports, games, a corn maze, and many other activities. This event drew in many people of all ages, genders, and ethnicities. There was also a Clemson University football game the following day, drawing in many more people to the area that weekend. The observations took place from three to six at night when it was approximately sixty-eight degrees Fahrenheit outside. This allowed ample time to make significant observations and a comfortable temperature where subjects would remain for long periods of time. This time frame was
To properly follow due process, an unbiased jury, resistant to influences outside of the court, is necessary. With the advancement of communication, courts must insure that juror bias is never used against the accused in a court of law. Though there is nothing that restricts the media from reporting events in the court, the judge should continue the trial until the threat of bias shows. If too much bias shows the case shall be sent to another county that received less publicity of the
Having been born to Laura Guse and Thomas Ward, in Cottonwood, Idaho, who were the ones who cared for me until Thomas died, Life was full of many disappointments, both from others as well as towards others from me. Life has been very turbulent but, disappointments are a huge part of growth and this is why change happens constantly around the world. Mine is just a small part of this enormous amount of change that happens every day
Canyon Ranch’s strategy should include the full integration of the CLS and Guestware systems to give the managers on duty access to consolidated information so they can take any required actions immediately. POS software should be installed in the restaurants and salons. They should also consider online options for customer bookings and completion of health questionnaires. Customers should be able to book an entire stay online, chat with a customer representative online, as well as complete then submit their health questionnaires online if they opt to.
In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast.