Preview

Jane Chambers V. Giorgio's Grill (Prosecution)

Good Essays
Open Document
Open Document
719 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Jane Chambers V. Giorgio's Grill (Prosecution)
Case Two

Plaintiff: Jane Chambers (Prosecution)
Defendant: Giorgio’s Grill (Defense)

SUMMARY

Jane Chambers, filed a personal injury action alleging negligence by the defendant, Giorgio's Grill. She alleges that she slipped and fell on a wet napkin, breaking her leg. The defendant denied any negligence.

Giorgio's was a restaurant which became a night club after certain hours. It had a tradition of both the wait staff and customers throwing paper napkins into the air as the music played throughout the evening. The napkins would land on the floor of the restaurant. No one would pick them up, although when they became too deep, customers would push them to the side. Because drinks were occasionally spilled, sometimes the napkins would be wet.

Both Chambers and her
…show more content…
Defendant
The defendant stated that the restaurant was not liable because the napkin-throwing was known by Chambers, and the existence of napkins on the floor was obvious. Thus, whether the danger was open and obvious is an issue of comparative negligence.

* Is Giorgio’s Grill liable?

BUSE 140 Spring 2011 Group Presentations 5/16/2011 and 5/18/2011

Students must attend all presentations.
All students must actively and verbally participate in their group presentations.
Prosecution and Defense teams must not exceed 3 minutes per section
Total maximum time for each team to present sections I, R, A, and C is 12 minutes. *Remember the idea is to win your case.
The Instructor will “keep time” for all Presentations, and alert group members of possible time overruns. Instructor may allow overtime for rebuttal when necessary.

Presentation: Prosecution; Defense

IRAC Issue Opening Statement – What do you intend to prove today? Summary – give a summary of the

You May Also Find These Documents Helpful

  • Powerful Essays

    Plaintiff Robert Lopez flied a claim against Adelanto Stadium, Inc. claiming negligence on fault of Defendants insufficient design and/or installation of netting protection from foul balls under California Civil Code of Procedure §1714. Compl. ¶ 3. Also, Defendant’s negligence in failure to warn of dangers of foul balls. Compl ¶ 7. Mr. Lopez alleges that Adelanto Stadium, Inc. is liable on the sole grounds that they own the stadium in which Mr. Lopez suffered said injuries. Adelanto Stadium, Inc. moves to dismiss because Mr. Lopez’s claim fails as a matter of law, since it lacks sufficient factual matter to render a finding of negligence.…

    • 1264 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    In the case of White v. Patrick Gibbs and O’Malley’s Tavern, Mrs. White is suing Mr. Gibbs and O’Malley’s Tavern in the death of her husband, Mr. White. Mr. Edward Hard was a patron of the tavern the night of the accident with Mr. and Mrs. White. Mr. Hard was in a relationship with Mrs. White before she married Mr. White. Mr. Hard saw Mr. and Mrs. White leave the tavern on this night and followed them out the door. Mrs. White observed Mr. Hard drinking several alcoholic beverages while they were there. When Mr. and Mrs. White where leaving Mr. Hard confronted Mr. White telling him that “she should be my wife” and “this is not over.” After Mr. and Mrs. White got in their car and were leaving the establishment, Mr. Hard followed them driving recklessly. He was swerving across the road, driving in the opposite lane, and hitting mailboxes. His recklessness and inability to drive due to being intoxicated resulted in him crashing into Mr. and Mrs. White’s vehicle ultimately killing Mr. White and severely injuring Mrs. White. This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, Jordan Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White.…

    • 1382 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    FACTS Fitness center member Gina Stelluti sustained various injuries while participating in a fitness class. The plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike, which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court had granted that request. This request was granted due to a liability contract that cleared the defendant of negligence and gross negligence.…

    • 258 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Kuehn V. Pub Zone Summary

    • 885 Words
    • 4 Pages

    PL sues D in negligence for damages from injuries suffered caused by the D’s failure of meeting the duty of exercising reasonable care to protect PL, a business patron.…

    • 885 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    On February 9th, 2002, Jodie Scheier slipped and fell in Jersey Joe’s Sports Bar & Grill after leaving her seat at a booth upon being called to collect a door prize. Jodie claimed that there were two steps awkwardly positioned that led to the booth, which caused her fall and the subsequent injury of her right index finger. As a hairstylist, Jodie relies on the use of her hands and fingers, and was unable to work properly because of the injury. Jodie did not mention her fall to anyone working in the restaurant, and continued to order three more drinks after her slip. No one in the restaurant found out about the slip until “several weeks later” when it was mentioned to the manager by a third party. Many other patrons had stumbled on, but not fallen because of, the two steps that led up to the booths in the sports bar. A splint was placed on Ms. Scheier’s finger for approximately 6 weeks, and she returned to work as a hairdresser after 10 weeks. Upon returning to work, Ms. Scheier found it quite difficult to carry out routine tasks, and gave up her job after 4 months.…

    • 645 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Pa201 Unit 3 Assignment

    • 1241 Words
    • 5 Pages

    Conclusion: It is not likely that Samantha will be awarded damages for her injuries because she cannot show proof that the grocery store had any knowledge of the hazardous spill on the…

    • 1241 Words
    • 5 Pages
    Satisfactory Essays
  • Better Essays

    Appellant believes the court hindered his ability to provide a defense based on his alibi that he was not present at the scene of the crime when the fire occurred and that he claimed the fire resulted by way of accidentally leaving a hot plate on. The prosecution proved the appellant conspired to ignite the fire later when he was not present. Prosecution also proved that by pouring the accelerant around the hot plate with the power on, is not indicative of an accident. The defense must prove "impossibility of the accused's presence," for which the court found no basis for error in the original trial.…

    • 1597 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    c. Negligence both failing to instruct employees how to properly serve hot coffee and for failing to warn business invitees of the danger of handling coffee at the the temperature Burger King coffee was served.…

    • 844 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Samantha Smith Case

    • 800 Words
    • 4 Pages

    In our case Samantha Smith had an accident in a retail store where she slipped on shampoo that had leaked from the bottle and suffered a broken hip. In her suite against the store Samantha claims the store is at fault; however, the store claims that Samantha failed to exercise due care while shopping and that she is partially to blame for the accident. The three articles below pertain to our case in one way or another.…

    • 800 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Law 421 week 2 work

    • 1527 Words
    • 5 Pages

    Ms Liebeck spilled her coffee on herself which caused her to get burned. She sustained 3rd degree burns because the coffee was brewed at a higher temperature than other restaurants. The case was ruled in favor of Ms. Liebeck. The jury declared McDonald’s negligent because their coffee was found to be 20 degrees hotter than it should have been. McDonald’s had received many complaints about their coffee being too hot and failed to do anything about it. So their actions were considered to be reckless because they did not warn their customers about the temperature of the…

    • 1527 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    New York Palace, Inc.170 Md. App.104.123. 906 A.2d 1028 (2006), an altercation took place at wedding reception after the reception ended. The guests were outside when some of the other guest went back in, passing a restaurant owner on the way, and assaulted the patrons who the guests thought had insulted their wedding reception. The case of Veytsman held that a duty in a negligence claim is an obligation to conform to a particular standard of conduct toward another. There must be special relationship or connection between the parties involved in the case. A special relationship between a business owner and patron, gives rise to a duty to exercise due care to protect the patron when the following arises: the owner had controlled dangerous or defective condition; the owner had knowledge or should have had knowledge of the injury causing condition; and the harm suffered was a foreseeable result of that…

    • 1968 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Goal: In groups, students will teach the Latin American Independence Movements by focusing on the leaders of the movements.…

    • 259 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Negligence and Points

    • 472 Words
    • 2 Pages

    D. the facts of the case (5 points); There were no warning signs on tobacco products, Ohio supplier was liable for warn when he should have known the dangers of the product, and defendants were charged with breach of negligence for not displaying…

    • 472 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Bruce & Dyer

    • 762 Words
    • 4 Pages

    The defendant attempted to pass the plaintiffs car on the highway several times, during which, the plaintiff prevented the defendant from re-entering the traffic lane by increasing his speed. After being followed for 16 km, the plaintiff stopped his car on the paved portion of the highway to block the defendants’ passage. The plaintiff then emerged from his car shaking his fist and walked towards to the defendants’ vehicle. The defendant got out of his car and when the parties met, the defendant struck the plaintiff on his chin. The plaintiff had a diseased jaw and thus the strike resulted in a serious fracture to his jaw. The plaintiff brought action against the defendant for damages of assault.…

    • 762 Words
    • 4 Pages
    Good Essays
  • Good Essays

    On June 9, 1974, Jerome Bourque(Plaintiff) was playing second base on a softball game. Duplechin(Defendant), a member of the opposing team had hit the ball and advanced to first base. After his teammate hit the ball, to avoid double play Duplechin ran at full speed into Bourque. As Duplechin ran into Bourque, he brought his left arm up under Bourque's chin. Plaintiff Bourque filed this suit to recover damages for personal injuries received in the collision.…

    • 488 Words
    • 2 Pages
    Good Essays