Intentional Tort Case Essay

Published: 2020-04-22 15:06:56
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The case that I researched was O. J. Simpson verses the Goldmans. Prior to this case O. J. Simpson was arrested for the murder of his Ex-wife Nicole Brown and Ronald Goldman. O. J. did plead not guilty and after a 133 day trial, he was found to be not guilty of the crimes on October 3, 1995. On October 23, 1995 in the state of California Simpson was back in court for the wrongful death case; where the parents of the deceased Ronald Goldman were asking to be compensated for their loss from Simpsons actions.

Ronald Goldmans family decided that it would be easier to sue Simpson in civil court, which meant a finding of civil liability requiring only a finding that it is more probably true than not that the defendant caused the injury. The Plaintiffs names on the case were Ronald Goldmans family members such as his mother and father. The Defendant name was O. J. Simpson. Some of the key arguments that were presented by the plaintiffs were to show that Simpson wore very expensive shoes and they supplied 39 photos of those same shoes which matched footprints from the murder scene.

They also made O. J. Simpson take the stand which he didnt in the criminal case. The attorneys for the plaintiffs also noted that Simpson admitted to being very upset with Nicole about the way she was flirting with other men around his children. Some of the key arguments that were presented by the defense are that it raised doubts about the 39 photographs of Simpson wearing Bruno Magli shoes eight months before the slayings. The defense said a person can fake a photograph if that person has enough motive.

The main key argument addressed was emphasized that some of Simpsons evidence sample could have been planted on a gate at Nicole Brown Simpsons condominium and on samples in the police crime lab. He said Ms. Simpsons blood, taken at autopsy, could have been planted on the socks found in Simpsons bedroom. The jury found O. J. Simpson willfully and wrongfully caused the death of Ronald Goldman. They also found that Simpson committed battery against Goldman, and that battery was committed with oppression, which means cruelty, and malice. The jury ordered Simpson to pay $8. 5 million in compensatory damages to the Goldman family.

Crime Case The case I researched was the People of the State of California v. Orenthal James Simpson this was a criminal trial held in Los Angeles County, California. On June 12, 1994 Nicole Brown and Ronald Goldman were stabbed to death. Both bodies were discovered in the front yard of Nicoles condominium in Brentwood, California. On June 13 Simpson was informed of the murders while attending a business trip in Chicago. Simpson did return to Los Angeles only to be handcuffed and taken in for questioning. Robert Shapiro was contacted on Simpsons behalf and asked to become his legal defense counsel.

On June 17, Simpson was about to get arrested but snuck out of Robert Kardashians home with his friend A. C. Cowlings and led police on a high speed chase. Upon reaching his home, Simpson was taken into custody. On July 22, 1994 Simpson pleaded 100% not guilty. Some main key arguments from Johnny Cochran the defense counsel showed pictures of Simpsons nearly unharmed body taken days after following the homicides, Cochran argued that a person who attacked two people in a short time frame would have struggled aggressively and sustained multiple wounds, many more than the few marks seen on Simpsons hands.

Another key argument that the defense showed was the glove left on the side of the road did not properly fit the hand of O. J. Simpson causing Cochran to play on the prosecutions gloves-didnt-fit failure, Cochran said of any evidence: If it doesnt fit, you must acquit. He insisted that so much of the prosecutions case doesnt make sense that prosecutors couldnt prove guilt beyond a reasonable doubt. The key arguments made from the prosecution were a telephone call to Nicole Brown Simpson; the day of the killings which may have pushed Simpson over the edge.

Prosecution also stated that things got even worse when Simpsons girlfriend Paula Barbieri took off for Las Vegas without letting Simpson aware; therefore causing O. J. Simpson to go into an emotional rage. The prosecution went on to state that with each stab of the knife into his victims, Simpson felt better, and after the killings, Simpson was so calmed that he walked away from the crime scene, as evidenced by the space between the bloody shoe prints. On October 3, 1995 O. J. Simpson was found not guilty of two counts of murder.

Although there has been no appeal, on October 23, 1995 Simpson was back in court for a wrongful death for Ronald Goldman. On February 4, 1997 he was found guilty of the wrongful death and found Simpson to be liable and awarded plaintiffs $8. 5 million in compensatory damages. Negligence (professional malpractice) case The next case I researched was Ferreira v Wyckoff Heights Medical Center. The defendant Lucia Ferreira was eight months pregnant and suffering from abdominal pain. She had visited the Wyckoff Hgts.

Medical Center several times once on June 25th, the 29th and the 30th all resulting in her being sent home with some pain killers and told to rest but also reassured she was not in pre-labor. On July 1, 1997 Lucia Ferreira went into labor at home, and presumably lost her baby girl Angelica Ferreira as the head got stuck in her birth canal. Lucia and Jose Fermin believed that Wyckoff Heights Medical Center failed to properly evaluate and treat her when she presented herself at the hospital in her 32nd week of pregnancy with complaints of abdominal pain.

The case was heard in Civil Court of the City of New York, Kings County. The first case was heard on July 5, 2006 which resulted in many appeals by Wyckoff Heights Medical Center. The Ferreiras counsel centered their key points on an epidemic of error that included failing to properly examine Ms. Ferreira at all on her final visit before the birth. The defense also stated the child was born foot first and it was moving and the baby was pink, therefore stating the child was at least an hour old when it was pronounced deceased.

The defense concluded that they had offered the plaintiffs $500,000 and they had refused to accept it. The defense also concluded that a wrongful death action may not be brought on behalf of a stillborn fetus. After almost ten years of fighting appeal after appeal from the Wyckoff Heights Medical Center; the jury came to the conclusion that Wyckoff had strayed from good and accepted medical practice and that by sending the plaintiff home on June 30, 1997 with a prescription for Tylenol with codeine without properly evaluating, admitting and treating her, stating this was a contributing factor in the death of baby Angelica.

The jury also made note to mention ? that although Ms. Lucia Ferreria might have been negligent in failing to seek further medical treatment once she arrived home on June 30, 1997, her negligence was not a factor in her babys premature delivery and death. Wyckoff was found to be 100% responsible for the death of the baby; and that plaintiff was entitled to $1,000,000 as compensation for her pain, emotional injuries and/ or emotional distress from July 1, 1997 to the date of the verdict.

Product Liability Case The case I researched was Liebeck v. McDonalds Restaurants. This lawsuit was brought about by 79 year-old Stella Lieback. According to Liebacks claim; herself and her grandson pulled into a McDonalds drive thru and ordered some coffee. The cashier handed them their coffee and as Stella placed her cup between her legs to remove the lid so she could add some sugar and cream, the coffee accidently spilled and she received extensive burn damages.

Once she was seen by a medical facility it was proven that Stella suffered from 2nd and 3rd degree burns on her perineum, upper inner thighs, buttocks and genital areas. Stella filed the lawsuit on October 5, 1993 and was later tried in August of 1994 in the Second Judicial District Court in Bernalillo County, New Mexico. The plaintiff in the lawsuit is Stella Lieback. The defendant in the lawsuit was McDonalds Restaurant. The key arguments that the plaintiff counsel addressed was the fact that McDonalds had no pre warning label on their cup that displayed that the contents were extremely hot.

They also showed that Stella incurred about $10,000 in medical care and had lost wages from her employer while she was recuperating. They also had Christopher Appleton, the McDonalds quality-assurance manager testify that despite the many complaints and undeniably knowing that its coffee was causing serious burns when spilled on a person. It was also indicated that McDonalds had no plans to consult with a burn expert and had no plans to change any of its coffee policies or procedures.

McDonalds defense was that Stellas injuries were caused by her own neglect or another person and that the unfortunate outcome was that of an accident. McDonalds didnt feel they should bare all the responsibility for the accident, it was stated that Stella should be 20% at fault. When the jury came back with their decision they awarded Stella $200,000 in compensatory damages, but soon after it was reduced to $160,000 because the judge believed there were some finding that the plaintiff was also at fault.

Additionally, Stella was awarded $2. 7 million in punitive damages because of the suggestion to penalize McDonalds for the 1 or 2 days cost of coffee profits. Nonetheless, this was not the final decision. In December 1994 Stella and McDonalds both decided to appeal the decision for the compensatory amount again. By the end of things both McDonalds and Stella both agreed to sit down with a mediator and decided on an undisclosed amount which was stated to be less than $600,000.

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