| Civil Cases The Lung Cancer Death 17.2 Mrs. Garrett dies of lung cancer at the age of 42. Her family brings a civil suit against ABC Tobacco Company, the manufacturer of the cigarettes she had smoked daily for the past 20 years. Her doctors say that cigarette smoking was the major factor leading to her death. a. If you were the Garrett family's attorney, what arguments would you make at the trial? What evidence would you want to introduce? b. If you were ABC's attorney, what arguments would you make for the company? What evidence would you want to introduce? c. If you were the Garrett family's attorney, would you want a judge or jury to decide this case? Why? d. Assume that each package of ABC cigarettes carries the following warning: "Caution: cigarette smoking can be harmful to your health." How should this case be decided? Give reasons for your decision. The Airline Explosion 17.4 A bomb was smuggled onto an international flight from Frankfurt, Germany, to New York City. The flight carried 259 passengers, many of them students returning from a European trip, along with a crew of 11. The bomb exploded over a small town in Scotland, killing everyone on board. a. Could the families of those who died bring a class action? Explain. b. Who are the posible defendents in this case? c. Which defendent would have the "deepest pockets"? d. Which defendent, if any, should be held liable? The Cut Lip 17.5 Seth and Ferman argue over who should have won a basketball game. Ferman insults Seth's favorite team, the Buckets. He calls its players lazy, worthless, and lucky. Seth is outraged. He has been a bucket fan for years. Losing all control, Seth punches Ferman in the mouth. Ferman suffers two broken teeth, three chipped teeth, and a badly cut lip that requires twn stitches. His dental bills total $2000 and he misses 5 days of work as a result of his injury. He also requires pain medication for a week and is extremely uncomfortable. Seth needs four stitches in his hand. a. Has Seth commited a crime? Explain. b. Has either Seth or Ferman commited a civil wrong? Explain c. Who could bring a criminal charge in this case? d. Who could bring a civil action in this case? e. Exactly what damages could the plaintiff seek to recover? f. Would the plaintiff want to hire a lawyer on a contingency-fee, hourly, or fixed-fee basis? Why? Which would a lawyer prefer? g. What method other than a civil trial could the plaintiff use to deal with this sitution? How would it work? The Spilled Peanut Butter 17.6 Mr. Grant is in Foodland Supermarket doing the weekly grocery shopping. His four-year-old daughter Jenny is seated in the shopping cart. As they pass a large peanut butter display, Jenny reaches out and pulls a jar off the shelf. The display collapses, and a dozen jars come tumbling down. Some of the jars break spreading peanut butter and glass all over the floor. Mr. Grant scolds Jenny severly as he wheels her down the aisle. Ten minutes later Mrs. Hightower slips and falls on the peanut butter. She breaks her hip in the fall and suffers several deep cuts from the broken glass. a. Whom should Mrs. Hightower sue for damages? Why? b. Who, if anyone, was at fault in this case? Give your reasons. c. What methods other than a civil trial could the plaintiff use to deal with this situation? How would these methods work? The Steering Wheel Failure 17.7 Sarah buys a new car at Town and Country Motors. Just before her first scheduled maintenance visit (at 2,000 miles), she hears an odd noise coming from the steering wheel.. She tells the service manager about the sound, and he notes it on the work order. After picking up the car the next day, she has a serious accident when the steering suddenly fails. The car is totaled, amd her medical bills from the accident come to more than $30,000. a. Could Sarah bring a civil action? Who are the potential defendents in this case? b. Who do you think would win? Why? c. Should Sarah hire a lawyer on a contigency-fee, hourly, or a fixed-fee basis? Why? d. What methods other than a civil trial could the plaintiff use to deal with this situation? How would these methods work? |