Slip And Fall Liability

Summary

Hannahs case against Big Pharmacy involves negligence due to icy steps. Despite her delay in treatment, she may recover initial damages for pain and suffering, but her failure to mitigate damages could limit her recovery. Mindys case involves the collateral source rule, preventing reduction of damages by insurance payments. Wilhelms estate may face challenges due to a prior settlement release. Gregs case involves liability for damages and lost profits due to intentional harm to a competitor.

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Mindy was injured at Max's house due to Max's negligence. Mindy's attorney contacted Max's homeowners insurer and made a $*,* settlement demand, which included Mindy's medical specials and lost wages. The homeowners insurer, however, subsequently learned that Mindy's medical bills and lost wages were covered by long-term disability insurance paid for by her employer. Max's homeowners insurer concedes that Mindy sustained a permanent injury and agrees that the full value of her claim is $*,*, but wants to reduce her damages by the amount of her medical and lost wage claims because these had been paid. The collateral source rule applies. The insurer's argument that Mindy's damages should be reduced by her compensated medical specials and lost wages is:
In North Carolina, the collateral source rule generally prevents a defendant from reducing their liability by the amount the plaintiff has received from other sources, such as insurance. So, the insurer's argument to reduce Mindy's damages based on her compensated medical specials and lost wages would typically not be valid.
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A. Invalid, because the collateral source rule applies. B. Invalid, because Mindy sustained a permanent injury. C. Valid, because Mindy cannot recover twice for the same damage. D. Valid, because Mindy did not pay for her medical and disability insurance.
Based on the details you provided, the correct answer would be:
A. Invalid, because the collateral source rule applies.
In North Carolina, the collateral source rule generally prevents a defendant from reducing their liability by the amount the plaintiff has received from other sources, such as insurance.
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Wilhelm sued Garden Depot after he suffered a serious back injury when a display rack collapsed on him. Six months later Wilhelm settled his case and signed a release for $*,*. Wilhelm, however, died from complications caused by his back injury 14 months after the settlement. The representative of his estate immediately filed suit against Garden under a survival statute. The tort statute of limitations is two years and the wrongful death statute of limitations is one year. The estate's suit against Garden will be:
Case Rating: *
The estate's suit against Garden Depot will likely be barred due to the release signed by Wilhelm when he settled his case. The settlement and release generally prevent further claims related to the injury. However, consult a lawyer for confirmation.
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A. Unsuccessful, because the deceased released his claim against the tortfeasor before he died. B. Unsuccessful, because the suit was filed more than one year after the accident and the statute of limitations has expired. C. Successful, because the deceased's death was due to the tortfeasor's negligence. D. Successful, because the deceased sustained damages caused by the tortfeasor before he died.
Case Rating: *
Given the complexity and multiple scenarios you mentioned, it appears you're analyzing different legal scenarios to determine potential outcomes.
Here are some highlights:
*. Case involving Big Pharmacy and Hannah:
- Hannah might still recover for initial pain and suffering but her failure to mitigate damages by delaying treatment could reduce her overall recovery.
*. Case involving Max and Mindy:
- The collateral source rule generally would prevent the insurer from reducing Mindy’s damages.
*. Case involving Wilhelm’s Estate:
- The estate’s suit might be unsuccessful due to the release Wilhelm signed.
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Greg owned Small Sporting Goods. When Big Sports opened nearby, Greg feared that it would put his store out of business so he broke into Big Sports after closing, damaged some pipes, and flooded it. Big Sports had to close for 60 days due to the water damage to the walls and floor. Some inventory was also destroyed. Greg was caught by the police and Big Sports filed suit against Greg for its damages. Big Sports can prove the value of the inventory and its lost sales as a result of the store's closure. Aside from the damage to the store, what can Big Sports' recover for the destroyed inventory and its lost sales as a result of the store's closure?
Case Rating: *
Big Sports can recover the following from Greg:
- The cost of the destroyed inventory.
- Lost profits from the *-day closure.
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A. The retail value of the inventory and the lost profits, because as a retailer it is entitled to retail value for its inventory and it can prove the lost sales. B. The retail value of the inventory but not the lost profits, because as a retailer it is entitled to retail value for its inventory but the replaced inventory covers its profits. C. The wholesale value of the inventory but not the lost profits, because as a retailer it is entitled to wholesale value for inventory but the replaced inventory covers its profits. D. The wholesale value of the inventory and the lost profits, because as a retailer it is entitled to wholesale value for inventory and it can prove the lost sales.
Case Rating: *
Big Sports can recover the following from Greg:
- The retail value of the inventory and the lost profits, because as a retailer it is entitled to retail value for its inventory and it can prove the lost sales.
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