Kerns, a home owner, sued defendant contractor Sealy for negligence, breach of contract, wantonness, and res ipsa loquitur in connection with a fire that occur red during the contractor's application of foam-installation in the plaintiff 's attic. The contractor knew that applying the foam at a thickness over 2 inches created a risk of fire, and he applied the foam at a thickness exceeding 4 inches. He then left the scene for lunch. When he returned, Sealy discovered a haze indicative of fire and attempted to remove the foam. At trial, the defendant made a motion of summary judgment to dismiss all charges. Which charges, if any, do you think survived summary judgment in district court?
Answer to relevant QuestionsDavid Burton smoked Camel cigarettes for 43 years, and, in 1993, he developed serious circulatory problems in his legs. His doctor informed him that smoking was causing his circulatory problems. Two other doctors confirmed ...Explain the bundle-of-sticks idea as it relates to intellectual property. The plaintiff, Lone Star Steakhouse, operates over 30 Lone Star Steakhouse & Saloon restaurants in the United States. The trademarks "Lone Star Café" and "Lone Star Steakhouse & Saloon" are owned by Lone Star Steakhouse. ...Theresa Polk discussed selling her residence and 181 acres of land to BHRGU Avon Properties, LLC. Avon presented an offer for the land. Polk responded by providing two counteroffers, both stipulating that Avon accept before ...In 2001, Joseph Toscano, who was employed as the general manager of a Fields Pianos store in Santa Ana, was very unhappy with his job and decided to find other employment. Toscano contacted Michael Greene, the president of ...
Post your question