discussion 228

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identify a legal claim in this discussions and identify their elements (what elements must the plaintiff prove to win at trial).

Also identify potential legal defenses.

From the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source or one case that has been decided or is currently pending to support your answer.

Scenario I—Torts and Product Liability

On his way home from work, Randy Dixon stopped at Mad Beach Pub. After leaving the pub, Dixon drove his car into a house at a speed of approximately 35 miles per hour. When the car struck the house, the passenger compartment collapsed and Dixon was seriously injured. His blood alcohol content was 0.07%. The investigation also discovered that he had been texting at the time of the accident. Dixon brought a strict product liability action against the car manufacturer on the grounds that the car was not crashworthy. He also filed suit against the pub for selling him the alcohol.

  • Summarize the statutes from your state related to driving under the influence (DUI) and texting while driving.
  • Provide the arguments that each party (Dixon, the car manufacturer, and the pub) will make at trial.
  • Explain how the court should rule. Provide support for your decision.

Scenario II—Torts

After the extraction of two teeth, Brittany’s dentist, Dr. Carver, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Brittany took the prescription to the drive in window at the local Walgreens pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Brittany took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Brittany failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.

Using textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Brittany, Dr. Carver, and Walgreens.

600 words.

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