Project description
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Added on 03.05.2016 14:08
First, find an article about a civil case (not criminal). Pick your own or you can use Trump as we discussed in class with the video. Then, create a paper exactly like our group project. However, I want two additional sections in this. First, start your paper with a summary of the facts. Second, end your paper with a conclusion. The middle should be exactly like your project: causes of action, elements of each cause of action, and then apply the facts to the law. You will represent the PLAINTIFF.
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Added on 03.05.2016 14:10
Porsche Responds to Paul Walkers Lawsuit
We represent Porsche. Porsche is the defendant in this lawsuit where the plaintiffs are Meadow Walker, Paul Walker Sr. and Kristine Rodas. The plaintiffs are suing Porsche for Paul Walker and Roger Rodas wrongful death, negligence, and product liability.
Paul Walker died at the age of 40 when his Porsche Carrera crashed and burst into flames in Valencia, Santa Clarita, on November 30th, 2013. The driver who was Roger Rodas lost control of the vehicle, which then crashed into trees and a concrete lamppost, killing both men.
Wrongful Death
For the defendant to be liable for wrongful death, the plaintiff must prove that the fatal accident was caused by the car makers negligence. They must provide evidence that the driver was operating the vehicle as a reasonably prudent person would.
Negligence
To prove negligence the plaintiff must present evidence that the defendant breached the due care duty and that this breach of duty caused or contributed to the harm.
Product Liability
In order to prove product liability the plaintiff must show that the product that caused the injury was somehow defective in manufacture, design, packaging or failure to warn the danger of the vehicle.
In the imposition of Wrongful Death, Porsche has proves by the law enforcement that the real cause of the fatal solo-vehicle collision was driving at an unsafe speed. Investigators found that Paul Walker and Roger Rodas were driving at rates between 80 and 93 MPH. The speed limit for the street where the accident took place was 45 MPH. They were doing well over the speed limit posted for that street. There was also evidence that both Paul and driver Roger Rodas wore seatbelts and that the airbags deployed for both the driver and the passenger.
There is no evidence that shows any kind of negligence from the car manufacturer. Porsche alleges that Paul Walker \”knowingly and voluntarily assumed all risk, perils and danger in respect to the use of the subject 2005 Carrera GT.\” The company goes on to state that the risk and dangers were open and obvious and known to him and that he chose to conduct himself in a manner so as to expose himself to such perils, dangers and risks, thus assuming all the risks involved in using the vehicle.
To satisfy the elements of Product Liability Porsche can prove that there was an abnormal misuse of the vehicle – a manufacturer is relieved of product liability if the plaintiff has been injured by an abnormal misuse of the product. Supervening event was also involved which means the manufacturer is not liable if the product is materially altered or modified after it leaves the sellers possession and alteration of modification causes an injury. Paul Walkers car (porsche Carrera GT) in the accident was abused and altered in a matter that was not reasonably foreseeable to the company. The tires on the car had been altered which could have had an impact on the accident. Ultimately, that abuse and alteration proximately caused or contributed to the incident.
Thus, Porsche cannot be held liable for wrongful death, negligence or product liability. Paul Walker \”was a knowledgeable and sophisticated user of the car.\” When driving a car like the Carrera GT extreme caution must be taken because of the fact that the car can travel at great speeds. The evidence shows the excessive speed, irresponsible driving and inappropriate actions like altering the car before driving sadly led to the fatal crash and death of Paul Walker.
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Added on 03.05.2016 14:12
that was the project that i did so you have to do the sAME THING … you can pick a topic that you like ..please use business terms . thank you
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