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My Culture: My Style

January 7, 2009
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TABLE OF CONTENTS FOR YAHOO 360 BLOG ON JANUARY 6, 2009

STATE YOUR CASE: 1

PROCEDURAL POSTURE: 1

OVERVIEW: 1

OUTCOME: 2

EXAMPLE LESSON: 2

FOUR ELEMENTS OF NEGLIGENCE: 3

SAMPLE CITATION: 3

Other Landmark Cases: 4

Other References cited: 4

JOURNAL: 5

STATE YOUR CASE:

The star and landmark case is, Sander v. Geib, Elston, Frost Professional Ass���n, 506 N.W.2d 107, 119 (S.D. 1993), or Sander v. Geib, Elston, Frost Professional Ass\’n, 506 N.W.2d 107, Sander v. Geib, Elston, Frost Professional Ass\’n, 506 N.W.2d 107 (S.D. 1993) is similar to my last name which is Sanders. The landmark case is situated in the State Court of South Dakota. I am learning that an insurable interest, if you know that you are related requires that you first file in the State Circuit Court. On one hand, in the State of Maryland a reversal or a trial comes from NVOW. On the other hand, an action under Title 42 and Section ���� 1983 can parallel a case in the state court. However, the State of Maryland says that immunity can be challenged when it is an insurable interest, which is best described as liberty interest of a natural parent or a guardian. Maryland State Annotated Code for State Government, ����12-201, 12-202 and MD Rule -2-101-(b).

PROCEDURAL POSTURE:

Plaintiff patient filed a medial malpractice suit against defendant clinical laboratory (laboratory). After the patient died, her executors were substituted as plaintiffs and a wrongful death action was added. The Circuit Court of the Seventh Judicial Circuit, Pennington County (South Dakota) rendered judgment for the executors but reduced the jury award under the authority of S.D. Codified Laws ��21-3-11. Both sides appealed.

OVERVIEW:

The laboratory\’s procedure was to have each pap smear reviewed by a cytotechnologist; theoretically, the pathologist conducted random quality checks, but the evidence revealed that this was rarely done. Each analysis of the patient\’s pap smears except the last one was reported as negative. The last test revealed cancer, which had already spread to the point where she had no chance of survival. On appeal, the court held that (1) the laboratory and the patient had a continuing treatment relationship that permitted the admission of slides taken more than two years before the suit was brought, (2) the final slide was admissible as relevant to the laboratory\’s observance of the standard of care, (3) character evidence i
n the form of personnel records was admissible, (4) the jury award of $ 3.7 million was not outrageous, (5) the laboratory was not permitted to deposit funds with the court under S.D. Codified Laws ��15-6-67(a), (6) the limitation of damages in medical malpractice claims under S.D. Codified Laws ��21-3-11 did not apply to the laboratory because it was not a natural person, and (7) there was no need to address the constitutional questions raised concerning ��23-3-11.

OUTCOME:

The court affirmed the trial court\’s judgment for the executors, but reversed the reduction of damages and remanded with instructions for the trial court to enter the full amount of damages awarded by the jury (Sander v. Geib, Elston, Frost Professional Ass\’n, 506 N.W.2d 107 (S.D. 1993)

EXAMPLE LESSON:

It���s the annual office picnic and Steve has arrived late. He is supposed to be running one of the large grills and since he is late, he rushes to the grill, spills in an immense amount of lighter fluid (thinking that it will get the grill hot in a short period of time). He doesn���t realize that the can of lighter fluid is defective and when he lights the grill, fire shoots from the grill and catches John���s clothing on fire, causing severe burns. Draft a complaint, based on these facts and then an Answer using contributory negligence as a defense. What key points must you raise in your Answer?

The amount in controversy in this action; Cause severe burns to Plaintiff body; Failing to exercise adequate control of said Lighter Fluid can; and caused the injury to the body of the plaintiff.

Contributory negligence can be used as a defense in only a few states. The last clear chance doctrine allows the plaintiff to recover full damages despite his or her failure to exercise care.

From an economic perspective it is sensible to encourage parties who can avoid accidents at the least cost to do so.

The plaintiff has physical and emotional scars, missed time from work and medical bills.

Mr. Maybee said the lighter fluid was defective that was used and could not have known it would react in the grill as it did. His answer also included a counter-claim, which alleged that he warned the crowd to move that included Mr. Hurt before igniting the grill. The accident could have been avoided if Mr. Hurt listed to directions. He is asking for $50,000 in damaged for defamation of character.

Defendant spills an immense amount of lighter fluid while lighting grill, causing Plaintiff clothing to catch fire, resulting in severe burns.

Under the superseding cause, an unforeseeable intervening event may break a cause connection between a wrongful act and the injury to someone else.

The common law provides that one should guard against what reasonable prudent person would anticipate as likely to injure another. The damages for the injury are not recoverable.

The injury was not foreseen or could not have been anticipated.

Negligence within the Tort Law is concerned with compensation of the accident.

FOUR ELEMENTS OF NEGLIGENCE:

The four (4) elements of negligence evident: (1) legal duty (2) breach of duty (3) proximate because (4) actual harm ��� To succeed in a negligence action, John, the Plaintiff must be able to prove the following actions:
One – the defendant owed a duty of care to the Plaintiff
Two – The defendant breached that duty
Three – The Plaintiff suffered a legally recognizable injury (ies)
Four – The defendant���s breach created the Plaintiff���s injury (ies)

Steve may file an answer raising the defense as the following: A. Defective lighter fluid container; B. Defect failure of seller; C. Misuse was ���not��� the sole cause of the incident; and D. Product created an inherently and unreasonable risk.

Rule 20 ��� Permissive Joinder Parties: Were parties may join in one action to assert any right to relief jointly or in an alternative respect that arising from the same transaction, occurrence or series of occurrences and if any law or question or fact arises in the action.

SAMPLE CITATION:

TIMOTHY J. SANDER and REBECCA LEE HOLLOWAY, Co-Executors of the Estate of Kimberlee J. Sander, Deceased, Plaintiffs and Appellants,

v.

THE GEIB, ELSTON, FROST PROFESSIONAL ASSOCIATION d/b/a CLINICAL LABORATORY OF THE BLACK HILLS; J.A. RUD, M.D., Defendants and Appellants.

#17763, #17769, #17803, #17804, #17811, #17818 aff in pt., rev in pt.-RAM SUPREME COURT OF SOUTH DAKOTA, 506 N.W.2d 107; 1993 S.D. LEXIS 125


January 12, 1993, Argued
September 15, 1993, Filed

Sander v. Geib, Elston, Frost Professional Ass\’n, 506 N.W.2d 107 (S.D. 1993)

Other Landmark Cases:

Dimick v. Schiedt, 293 U.S. 474, 486 (1935)

Schaeffer v. Edad D. Jones & Col., 521 N.W.2d 921, 927 n. 9 (S.D. 1994)

Sander v. Ge
ib, Elston, Frost Professional Ass���n
, 506 N.W.2d 107, 119 (S.D. 1993);
PRIOR HISTORY: [**1] APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT. PENNINGTON COUNTY, SOUTH DAKOTA. THE HONORABLE JOHN KONENKAMP Judge
DISPOSITION: Affirmed in part, Reversed in part, Sander v. Geib, Elston, Frost Professional Ass\’n, 506 N.W.2d 107 (S.D. 1993)

Moore v. Mobile Infirmary Ass���n, 592 So.2d 156, 161 (citing Smith v. Dep���t of Ins., 507 So.2d 1080 (Fla. 1987).

Other References cited:

Barnes, D.W., and Best. A. (2007). Basic Tort Law: Cases, Statutes and Problems, 2nd Ed. Wolters Kluewer: New York.

McCord, J.W. (2002). The Litigation Paralegal: A systems approach, 4th ed. West: Albany, NY

Belli, M. (1952). ���The Use of Demonstrative Evidence in Achieving the More Adequate Award,��� pages 33-34.

J. Stanley Edwards, J.D. and Linda L. Edwards, J.D. (2001). ���Tort Law for Legal Assistants,��� 2nd ed. West Legal Studies: Albany, NY. ISBN: 0-314-12635-X, http://westlegalstudies.com.

Yeazell, Stephen C. (2007). ���Federal Rules of Civil Procedures with Selected Statutes, Cases and other Materials,��� Aspen Publishers, 2007 (by L.R.)

Clarkson, Miller, Jentz and Cross, West\’s Business Law, 9th edition (by L.R.)

http://www.lawschoolhelp.com (by L.R.)
http://wbl.westbuslaw.com (by L.R.)

JOURNAL:

Okay, Today I was e-mailed a task from face book. The task asked me to rate and reviews the application software. While I was on the internet at face book, I was looking at this link that was probably a worm. I intentionally have not been sending any spam information to anyone, and I value and cherish all of the friend mail that I get at Facebook.com. I also really like the hard work and effort that has went into creating my page with the applications and wouldn���t know what to do if I accidently clicked onto an application. Although I was reluctant to share what I had found from the genealogy searches because I have a web page devoted to totally just that, my mission, my search and my journey, http://thalia-journal.blogspot.com. If I have been paying attention, today was my first unsubscription to my maroon5 Yahoo Group. It occurred immediately after I sent a link to the postings of the US Holocaust Museum, for the glorious research done on anti-Semitism. Well you can not make everyone happy. This week and the week after scream to be interesting with court hearings and meetings it should be really fun.

Also earlier this week, I got a letter that replied back to me. In the letter the person said that it was corrupted. I did not know if the management company was taking competition to serious but I love music that expresses my youth. It is only natural for me to embrace my youth. I have only been sending messages back and forth about the cherished memories of my youth. I loved the age twenty-two and I never wanted to grow old, especially after I had a very bad automobile accident at the age of twenty-six years old. Even last year when I was like forty-two years old, I told everyone that it was the reverse and that I was twenty-four years old. This year, I even met a guy who lied about his age and said that he was twenty-four years old instead of twenty-two years old. The age difference showed when it was time to make mature decisions. As an older person, I did not feel that my life could take the consequences of more mistakes.

I like the application because it automatically gives you a complimentary e-newsletter that reiterates what other genealogical websites publish, not limited to Ancestry.com

Nevertheless, the application has been very helpful to me because my blog allows people to search my famous family, we are the Sons of Aaron and that means that we come from one of the twelve tribes of Israel, through Levite and Kohath.

The application allows me to do research that reveal the unique personality of the Sons of Aaron (Genesis 46:11). I am learning that the unique distinction and personality of the Sons of Aaron begins, historically, as first recorded in the King James Version of the Bible. The King James Version of the Bible is the preferred method for people of Scottish Descent (Genesis 47:22). The Sons of Aaron went on to be fathers of Nations and as the story goes that there is a horizontal descent or ascent of aristocracy. Famous monarchies under the Sons of Aarons are Queen Anne of Scotland and the list goes on to moir��.

In doing my research, I found that McGowan was also a very established name in Scotland under the MacDonald Clan, but I am not sure which isle that some families come from. Nevertheless, I am from Alexander, in Glengarry Scotland. In short, the priest comes from the House of the Levites, a Priestly house. Therefore, the Levites were already giving the government revenue for their yield (government, family and marriage, church are the institutions that God created. God also created, oil, water, wind and fire, which are four of the five elements that people observe). When an entity does not give the government reverence and respect then it is time to get your own country.

God is good because in Chapters 45 through 46, it is subtly shows how the people are entangled into bondage. The bondage physically is caused by a famine in the land

In closing, I wish all of you well and good blessings in all of your endeavors; a blessing goes a long way

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