Product Liability

PART 1 includes the first two scenarios

Select the two of the scenarios given below and explain the best solution to each

Include comments related to any ethical issues that arise.

Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Scenario I—Torts and Product Liability

On his way home from work, Andy Earl stopped at Mad Beach Pub. After leaving the pub, Earl drove his car into a house at a speed of approximately 30 miles per hour. When the car struck the house, the passenger compartment collapsed and Earl was seriously injured. His blood alcohol content was 0.08%. The investigation also discovered that he had been texting at the time of the accident. Earl 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 the state of FLORIDA related to driving under the influence (DUI) and texting while driving.
• Provide the arguments that each party (Earl, 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, Yolanda’s dentist, Dr. Harris, wrote a prescription for pain medication and cautioned her not to drive or operate heavy machinery while taking the medication. Yolanda 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. Yolanda took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Yolanda failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.

Using the textbook, the laws from the state of FLORIDA, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the injured driver against Yolanda, Dr. Harris, and Walgreens.

PROJECT PART 2

Legal & Ethical Scenarios

Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations.

Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario.

Do not copy the scenarios into the paper.

Cite your sources in APA format on a separate page.

Scenario I: Employment Law

Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.

Nickels terminated Smith’s employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual’s status, including sexual orientation, and provides that employees who violate the policy will receive “coaching and/or other discipline, up to and including termination.” Nickels has “zero tolerance” for harassment “regardless of whether such conduct rises to the level of unlawful discrimination or harassment” and treats serious harassment as gross misconduct and grounds for immediate termination.

• Smith filed suit, alleging her termination for stating that gays should not marry and will go to hell—a belief that she maintains is an aspect of her Apostolic Christian faith—constitutes unlawful discrimination under Title VII. Is she correct?
• If Smith posted the same information on her Facebook page but omitted references to the specific employee, would the outcome of her lawsuit for wrongful termination change?

Scenario II: Professional Torts

Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in the state of FLORIDA court system or in the federal district court in THE STATE OF FLORIDA.

You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.

Accordingly, respond to the following questions:

• Summarize the facts of the case.
• Provide your state’s law or regulation relating to malpractice by physicians or pharmacists.
• Discuss the outcome of the case.
• Explain whether you agree with the verdict. Why or why not?