Question

1. Explain the Nichols’ legal claim.
2. a. Who won this case and why?
b. Do you agree with the Court’s decision and its reasoning? Explain.
3. LaMarre rode with his wife and their neighbors, the Plummers, in the Plummers’ modified golf cart to have dinner at the nearby Fort Mitchell Country Club. As per Mr. Plummer’s request, country club staff retrieved and chilled two bottles of champagne from Plummer’s locker. During dinner, the couples consumed one of the champagne bottles as well as a bottle of red wine that Plummer retrieved from his locker. The two couples opened the second bottle of champagne in the golf cart after dinner. After making a stop on the way home at another neighbor’s house, Mr. Plummer accelerated the golf cart while Mr. LaMarre was trying to take his seat. LaMarre fell and sustained serious injuries. The LaMarres filed a law-suit against the Plummers and the Fort Mitchell Country Club. Should the country club be liable for LaMarre’s injuries? Explain.
4. Nichols, age 26, and Dobler, a minor, were guests at Maldonado’s party. Dobler was served alcohol and, while intoxicated, repeatedly hit Nichols with a hammer. Nichols sued Maldanado for negligence in serving alcohol to a minor. The jury found for Nichols. Maldanado appealed. How would you rule on that appeal? Explain.
5. Richard Paul Dube suffered serious injuries when the vehicle he was driving was struck head- on by a vehicle being driven in the wrong direction on a Massachusetts highway by Ravindra Bhoge. Bhoge had earlier in the evening consumed a number of drinks with three friends at a bar. Bhoge and his friends met regularly on Fridays after work to drink at local bars. Each person took turns paying the bill, or on some occasions, payment would be equally divided. On the night of the accident Bhoge drank enough that the trial judge inferred that Bhoge’s intoxication would have been apparent. Bhoge’s three friends said they saw nothing to indicate that Bhoge was impaired, although Bhoge had left his coat behind in the bar on a particularly cold evening, and he was outside the bar for 45 minutes prior to his departure. Bhoge indicated to his friends that he was “okay” as they all prepared to leave in their vehicles. Dube sued Bhoge’s three friends claiming they were social hosts and were negligent in permitting Bhoge to continue drinking. How would you rule on Dube’s claim? Explain.


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  • CreatedOctober 02, 2015
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