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Viper's Den v. Jim Morriston - Essay Example

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Name: Instructor: Course: Date: Viper’s Den v. Jim Morriston A brief statement of the case This case involves Flash of Viper’s Den and Jim Morriston of Wyoming. Flash was a former lead guitarist of the group that was known as Swords and Satins. He retired and opened a business in Bozeman where he provides performance space to local musicians, offers music lessons and sells musical instruments…
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Vipers Den v. Jim Morriston
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Download file to see previous pages Unfortunately, the coffee was not wiped out on time because Flash attended to a phone call before cleaning it up. Jim Morriston was just through with his lunch and had taken two beers with it when he saw Flash and ran over to greet him. Jim Morriston did not see the coffee spill on the floor and neither did he see the bright yellow caution sign that warned of the slippery floor. As he was running towards Flash, he slipped and fell very heavily on the floor as a result of the coffee that had spilled on the floor. As he fell on the floor, he tried to support himself with his hands and ended up fracturing his arm in two places. As a result of this incident, Jim Morriston had to undergo surgery and he ended up spending two days in hospital so that he would be treated of the injuries he sustained from the fall. When Jim Morriston returned to Wyoming, he decided to sue Flash for negligence that led to the fall. A statement of the issues to be decided The major issues that need to be decided include whether or not Flash has to litigate the case in Wyoming. Another major issue is whether Jim Morriston has a legitimate case of negligence over Flash and the Viper’s Den. In the first issue, Jim Morriston has sued Flash in Wyoming for neglect that led to his fall. He has gone to court right after he returned to his area of residence in Wyoming and has claimed the Flash neglected cleaning wiping off the coffee from the floor which resulted to the injuries and distress that he has today. Since the case is already in court in Wyoming, Flash needs to decide whether he has to litigate the case in Wyoming or not. Flash is of the idea that the state courts in Wyoming are not the proper jurisdiction for this particular type of case. He therefore has to decide whether he will proceed to litigate the case in Wyoming or he will challenge that decision made by Jim Morriston to take the case to the state courts at Wyoming. Another issue that needs to be decided is whether Jim Morriston has a legitimate case of negligence over Flash and the Viper’s Den. It has to be decided whether Jim Morriston was the one on the wrong for having taken two beers at lunch. It has to be decided whether the beers that Jim Morriston had taken impaired his sight, reasoning and actions to such an extent that he was not able to see the big bright yellow sign. The coffee spill should have been dealt with immediately so as to avoid any unnecessary accidents from occurring. However, had Jim Morriston been in his right state of mind, there would be higher chances that he would have seen the bright yellow sign and take caution to prevent him from falling. These major issues in this case therefore need to be decided in an attempt to resolve the case and come up with viable and legal solutions to the case at hand (Mallor, Barnes, Bowers & Langvardt, p. 340). Legal arguments that Flash can make against the case being litigated at Wyoming Flash can legally argue that if the reported incident took place in Bozeman, then Jim Morriston should have sued him in a court in Bozeman and not in Wyoming. Flash can argue that he does not do any business in Wyoming and the case would therefore lack objectivity if it was to be heard there. The state courts at Wyoming are not the proper jurisdiction for this type of case. The incident that is being reported tool place in a completely different ...Download file to see next pages Read More
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