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Irac Essay

771 words - 4 pages

Learning Team Reflection: Week 2 IRAC Brief

Case: An appeal of a judgment made by Nineteenth Judicial District Court, Number 555,931, Sec. 27, parish of East Battalion Rouge, State of Louisiana, which upheld a jury verdict finding the appellate defendant All Star Chevrolet, Inc. d/b/a All Star Automotive Group and Employer insurance of Wausau liable to plaintiff appellate Russell Cole. The accident was caused by rear wheel falling off and Cole’s left side hit the driver’s side window as he struggled to control the vehicle personal injuries that manifested the morning after through a painful neck and back, and sought medical attention on June, 26, 2006. All Star disputed the jury finding ...view middle of the document...

As a result, the plaintiff had several doctors to testify on his behalf. It was noted by an occupational therapist that the plaintiff was no longer able to perform at a productive rate in which he was employed as. The injuries from the accident that occurred on June 8, 2006, cause the plaintiff to have chronic pain, which limits his mobility. Thus, the plaintiff was awarded $150,000 in total damages.
Analysis: As a certified automobile dealer and maintenance provider, Allstar Automotive Group owed a duty of due care to provide quality work on all of its vehicles. Allstar Automotive had a duty to ensure the plaintiff’s vehicle was in a safe driving mode after work was rendered. Allstar Automotive breached its duty of care when it released the vehicle to the plaintiff and did not inspect the vehicle for quality assurance. The accident would not have occurred if Allstar Automotive had checked the plaintiff’s vehicle after the work was completed and in return, the plaintiff would not have been injured. Allstar Automotive is the major cause of the plaintiff’s personal and property damage because of its negligence that is associated with Allstar Automotive actions and the results of those actions.
Conclusion: Based on the case evidence All Star Chevrolet, INC DBA All Star Automotive Group was found liable for negligence because of the facts provided. The technician...

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