Peter was a 35-year old businessman.  Peter was married to P…

Peter was a 35-year old businessman.  Peter was married to Patty and together Peter and Patty had one child; a son named, Paul, who was 10-years old.  Peter was in the business of investing in other businesses.  Peter had contacted Oscar who was the proprietor of Oscar’s Warehouse.  Oscar expressed interest in meeting with Paul to discuss having Peter invest in Oscar’s Warehouse business.  A date was set for a meeting at the location of Oscar’s business. On the date decided upon, Peter went to Oscar’s business to meet with Oscar and to inspect his warehouse operation.  After meeting in Oscar’s office, Oscar and Peter were walking through the warehouse.  Suddenly, a large, heavy pallet fell from a high shelf and landed on Peter.  The pallet had been pushed off of the shelf by David.  David was an employee of Oscar’s who was operating a forklift.  At the time of the accident, David had been sliding another pallet on to the same shelf from which the pallet fell that landed on Peter.  David had been sliding the pallet from the aisle on the opposite side of the shelving using a forklift.  David had not checked to see what else was on the shelf before sliding his load on to the shelf.  David had been hired by Oscar as a forklift operator.  Oscar scheduled David’s hours and paid David on our hourly basis. As a result of the accident, Peter sustained severe internal injuries.  Peter was rushed to a hospital in an ambulance and treated.  However, Peter died one week later due to his injuries.  At the time of his death Peter was the sole financial support for Patty and Paul.  Peter was earning $10,000.00 per week through his investment business.  Peter’s medical bills for the week he was hospitalized were $250,000.00.  Peter’s funeral cost $15,000.00.  Peter had planned to work another 30 years and retire at the age of 65. If Patty and Paul pursue claims for losses due to the death of Peter, who can each pursue claims against, and for what?  Discuss fully.

The following facts will be used in questions 14-15. Grandma…

The following facts will be used in questions 14-15. Grandma Jones, age 80, entered an elevator on the first floor of a 40 story high-rise office building. She was going to the 35th floor. The elevator car stopped on the 5th floor and Delbert got on to the elevator car smoking a cigar. Jones tapped Delbert on the shoulder and, when he turned around, Jones pointed at a no smoking sign posted in the elevator. In response, Delbert inhaled heavily on his cigar and blew the smoke into Jones’ face. Delbert got out of the elevator on the 20th floor. If Delbert files a civil action against Jones, Delbert will likely:

The following facts will be used in questions 23-26. Bob lea…

The following facts will be used in questions 23-26. Bob leases a building from Sally. Bob established a store on the ground floor and an apartment for his family on the second floor. The two floors are connected by an exterior stairwell. The stairwell was dilapidated when Bob leased the building from Sally. Sally promised to fix the stairwell but did not. To try to attract customers, Bob had Telco install a pay phone on the outside wall of the building. Telco both manufactured and installed the pay phone. While the store was closed, Bill, who lives nearby, walked to the store to use the pay phone. When Bill inserted his money and lifted the receiver, he received an electrical shock. Bill was momentarily stunned but suffered no real injuries. The shock was caused by incorrect wiring of the phone by Telco’s employee, Tom, at the time the phone was installed. Later that day, Bob and his family were having some friends over and as one of their guests, Don, was climbing up the stairs, they collapsed injuring Don. If Bill sues Telco for negligence he will most likely:

The following facts will be used in questions 7-9. Donald ow…

The following facts will be used in questions 7-9. Donald owns and maintains an athletic filed where the local little league baseball teams and the little tiger football teams play their games. The athletic field abuts on one side a private road leading to a number of houses, including the house of Paula. It is the usual custom of homeowners along that road to charge those coming to the games to park cars along the road. The homeowners on the private road also rent out areas where those parking along the road can place chairs to view the games from. Before the Saturday afternoon football game on November 1, Donald, in order to prevent the custom of the homeowners along the private road from depriving him of his admission fees, placed removable spiked barriers across the driveway leading to the homes and did not remove them after the game. That evening, Elmo removed the barriers from the driveway and carefully placed them alongside the sidewalk. Elmo obviously took this action in order to make it possible for him to use the driveway as a means of reaching Paula’s house. Thereafter, Bert, who was lawfully using the sidewalk along the road, accidentally tripped over one of the barriers in the dark. Bert fell to the ground and landed on another one of the spiked barriers that caused him injury. Donald’s action in placing and failing to remove the spiked barriers from across the driveway may be best described as: