Client suffered serious injuries at work when she fell 30 feet off a conveyor designed to carry employees from one work level to another. She was injured when the conveyor malfunctioned and failed to stop when she reached the top of the lift. The conveyor had been in use for 25 years, and her employer replaced it the day after the accident. The employer dismantled the conveyor and disposed of many of the important parts. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client's ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor.

Assignment

The following questions are designed to determine whether there is a possible cause of action against the employer for disposing of the conveyor parts and thus frustrating any tort claims against the manufacturers, distributors, and such of the conveyors. In essence, the actions of the employer involve interference with property rights (the right to bring a lawsuit) and the spoiling of evidence.

A. What section of the Florida Torts addresses this topic?

B. Give the citation to a case that states the required elements of the above section.

C. Locate a 2000 ABA Journal article on the destruction of evidence (use Lexis - the ABA Journal is available through the database).

Question 2

On Lexis, locate an Am. Jur. 2d section that answers the question:

A. Can a state impound a lost animal, considering it to be abandoned?

B. Can a child who is born illegitimate, but later legitimized, inherit from the natural father?

C. Does the doctrine of res ipsa loquitor apply to test firing rockets by the federal government?

Question 3

On Lexis, locate an A.L.R. section that answers the question:

A. Cite a section dealing with liability of property owners for injury caused by failure of an elevator to level at the floor.

B. Cite a section dealing with state laws that require a person who requests a jury trial in a civil case to pay costs associated with the jury.

C. Cite a section dealing with injury or property damage caused by lightning as a basis of tort liability.

Question 4

Use Lexis to find the following law review/journal articles (provide a full citation):

A. Cite a 2007 law review article in the Columbia Law Review discussing the case of Hamdan v. Rumsfeld.

B. Find and cite a 1994 article in the U.C.L.A. Law Review dealing with lunar mining.

C. Find an article from the Florida Bar Journal discussing the impact of the Olmstead case on LLCs in Florida.

Answer rating: 100% (QA)

Question 1 A The section of the Florida Torts that addresses the topic of interference with property rights and spoiling of evidence is likely found u... View the full answer