Torts 612 Assignment #2, Tran, 9266

5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)

On July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000.     You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…

On July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000.     You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…

A factory worker named Nazrul of ‘Company Levon’ worked on the production line when his glove captures and his arm was drawn into an in-feed conveyor belt. Although the workers managed to pull him free, he suffered two broken bones in his right arm and a dislocated wrist. The employee missed eight weeks of work after the accident, which took place on March 10, 2018. An investigation by the Human Resources Executive of the company revealed that the company had removed a part of the line, thus leaving a gap in the side of the conveyor belt. The worker put his hand inside the hole to recover some trapped lids. It was then when his glove became entangled, and his arm was drawn into a dangerous moving part of the machine. The officer said that it was inadequately guarded. HE also said: “I am pleased that the worker has made a full recovery, but many other employees sustain permanent disability or impairment because machine safety is being neglected.” “Unguarded or poorly guarded machinery…

A factory worker named Nazrul of ‘Company Levon’ worked on the production line when his glove captures and his arm was drawn into an in-feed conveyor belt. Although the workers managed to pull him free, he suffered two broken bones in his right arm and a dislocated wrist. The employee missed eight weeks of work after the accident, which took place on March 10, 2018. An investigation by the Human Resources Executive of the company revealed that the company had removed a part of the line, thus leaving a gap in the side of the conveyor belt. The worker put his hand inside the hole to recover some trapped lids. It was then when his glove became entangled, and his arm was drawn into a dangerous moving part of the machine. The officer said that it was inadequately guarded. HE also said: “I am pleased that the worker has made a full recovery, but many other employees sustain permanent disability or impairment because machine safety is being neglected.” “Unguarded or poorly guarded machinery…

Katie (not her real name) was a manager in a food manufacturing factory. She had a number of health and safety practice concerns around COVID-19. While Katie’s employer had some safety measures in place, she was concerned that the factory had not been effectively cleaned and decontaminated, and several employees had tested positive for COVID-19 and were off work. No senior personnel were on-site for Katie to raise her concerns with. As a result of her concerns and the stress they placed upon her, Katie left work and seek your advice. She wanted to report about lack of responsibility on the part of her previous employer that may cause the spread of Covid-19 at the factory. Advise Katie according to whistleblowing policy.

Consider the given situation: David was walking through a subway station that was highly crowded. He took out his handgun and fired it randomly because he liked the sound made by the firing. Even though David has no intent to shot anyone in the crowd, the shot fired by him injured Susan. David will be held liable for which type of tort? a) Negligence b) Strict liability c) Intentional tort d) Recklessness Answer Submit O O O O

Employee arrested after Eskom power station is hit by more oil theftLess than a year after Eskom uncovered an oil crime syndicate at its Tutuka power station in Mpumalanga, an employee has been arrested after more oil theft was uncovered at the power station.On Monday, the Eskom employee appeared in court after 10 drums of oil, worth R800 000, were stolen. Eskom said that following an internal investigation, and with the support of the Hawks, the employee appeared in the Standerton Magistrate's Court and was remanded in custody for a bail application. "We shall ensure that bail is denied, and that the employee faces the full might of the law," said Karen Pillay, generalmanager for Eskom Group Security. Last year, Eskom uncovered that a syndicate was stealing approximately R100 million worth of oil per month from Tutuka. In a separate incident at the Matla power station, cleaning contractors were arrested for allegedly stealing copper cables which they placed in a waste storage…

Lee Lantz was a fish buyer working in South America when he observed a couple of fishermen carrying a fish with them as they were leaving the docks. It was an ugly thing, with big protruding teeth, and he asked them what it was. “Toothfish” was one reply; “cod of the deep” said the other. The five-foot long fish was too big for one person, and mistaking it for some type of bass, Lantz bought a piece and fried it up. Disappointed by the lack of flavor, he thought at first of ignoring the fish. But after thinking a while, he wondered if people might actually like a product that wasn’t “fishy.” Had he found something worthwhile? First, though, it needed a name. Anything called toothfish wasn’t likely to sell too well. Lantz thought consumers were familiar with bass, so he tried variations: Pacific bass, South American bass, and so forth. He finally settled on Chilean sea bass as a name with an exotic flavor. Then, he shipped some to chefs in New York City, asking them to try the fish and…

Trevor is a Lecturer at an Institute of Further Education. He is horrified to read an Article by Raymon Bolgersberg in the “Daily News”, a local newspaper claiming that his undergraduate degree was forged in order to get a job. While the Article did not expressly mention Trevor’s name, it did describe the background and his position at the Institute of Further Education in considerable detail. Trevor is concerned that the article may cause him to lose his job.   Advise Trevor of his legal rights if any, against the Author of the Article; and the Newspaper Company.

Walter lives in South Carolina and drives to Maryland to visit his sick mother.  He is driving 75 mph while going around Baltimore and his car hits a patch of ice.  His car crashes into a car and causes a chain reaction involving 15 other cars and drivers.  Fred, who is driving his Lamborghini to the grocery store, suffers damage in the amount of $75,000.   Naturally, Fred and the other drivers will sue for damages.  There are many drivers involved.  With respect to Fred, what will the court’s opinion be as to whether he can sue in Federal Court?  Does Fred meet the qualifications?  If so, why?  If not, why?  Discuss thoroughly.  (To get full credit, please describe in detail what is required for jurisdiction in federal court.  Then apply the facts given to you to see if the requirements are met.  Then, answer the final questions explaining your conclusions.)

Walter lives in South Carolina and drives to Maryland to visit his sick mother.  He is driving 75 mph while going around Baltimore and his car hits a patch of ice.  His car crashes into a car and causes a chain reaction involving 15 other cars and drivers.  Fred, who is driving his Lamborghini to the grocery store, suffers damage in the amount of $75,000.   Naturally, Fred and the other drivers will sue for damages.  There are many drivers involved.  With respect to Fred, what will the court’s opinion be as to whether he can sue in Federal Court?  Does Fred meet the qualifications?  If so, why?  If not, why?  Discuss thoroughly.

Write response to: A 70-year-old, 100-pound woman becomes angry at a 25-year-old, 200-pound man and begins to hit him with an umbrella. What action may the man take to defend himself? Is his action limited? If so, why?