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Published byJayson Page Modified over 9 years ago
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Facts: Ginger Taylor entered a Walmart in Grant Parish, LA and tried to obtain a filled prescription that her doctor (Dr. Hollier), had recently called in. After filling the prescription the pharmacist became suspicious of the transaction and proceeded to call the police while the pharmacy clerk Ms. Janice Johnson stalled Ms. Taylor. State Troopers Timothy Ledet and Wayne Soileau arrived on the scene and took Ms. Taylor into custody. Later investigation showed that the prescription was authentic and Ms. Taylor was released. Case: Ms. Taylor sued the pharmacist Mr. Jim Hill, Ms. Janice Johnson Aymond, Wal-Mart Stores, Inc., Trooper Timothy Ledet, Trooper Wayne Soileau, who was Trooper Ledet's supervisor, and the State of Louisiana for false arrest and unlawful detention. Findings: The court originally found for Ms. Taylor, but the case was overturned on appeal due to the absolute privilege of the police and the conditional privilege of the store employees. Facts: Ginger Taylor entered a Walmart in Grant Parish, LA and tried to obtain a filled prescription that her doctor (Dr. Hollier), had recently called in. After filling the prescription the pharmacist became suspicious of the transaction and proceeded to call the police while the pharmacy clerk Ms. Janice Johnson stalled Ms. Taylor. State Troopers Timothy Ledet and Wayne Soileau arrived on the scene and took Ms. Taylor into custody. Later investigation showed that the prescription was authentic and Ms. Taylor was released. Case: Ms. Taylor sued the pharmacist Mr. Jim Hill, Ms. Janice Johnson Aymond, Wal-Mart Stores, Inc., Trooper Timothy Ledet, Trooper Wayne Soileau, who was Trooper Ledet's supervisor, and the State of Louisiana for false arrest and unlawful detention. Findings: The court originally found for Ms. Taylor, but the case was overturned on appeal due to the absolute privilege of the police and the conditional privilege of the store employees. Negative Taylor v. Johnson, 796 So.2d 11
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Facts: Mr. Gladon boarded (invitee) a Greater Cleveland Regional Transit Auth train and was assaulted after getting off at the wrong stop. Somehow during the altercation, Mr. Gladon found himself on the tracks and in the path of an oncoming train. The engineer was unsuccessful in his attempts to stop in time and struck Mr. Gladon causing him severe and permanent injuries. Case: Mr. Gladon sued claiming negligent security and negligent operation. Findings: The case was dismissed on appeal. The court stated that when Mr. Gladon entered the area of the tracks, he transitioned from invitee to trespasser or licensee and thus was no longer due the “high duty of care” standard. Facts: Mr. Gladon boarded (invitee) a Greater Cleveland Regional Transit Auth train and was assaulted after getting off at the wrong stop. Somehow during the altercation, Mr. Gladon found himself on the tracks and in the path of an oncoming train. The engineer was unsuccessful in his attempts to stop in time and struck Mr. Gladon causing him severe and permanent injuries. Case: Mr. Gladon sued claiming negligent security and negligent operation. Findings: The case was dismissed on appeal. The court stated that when Mr. Gladon entered the area of the tracks, he transitioned from invitee to trespasser or licensee and thus was no longer due the “high duty of care” standard. Negative Gladon v. Greater Cleveland Regional Transit Auth
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Facts: A licensed doctor prescribed the drug Vioxx (a Merc Product) for Mr. Garza who sought a diagnosis for pain and numbness in his arm pain. Mr. Garza developed blood clots and died after three weeks of treatment. Case: His family filed a wrongful death suit alleging defective design and marketing of the drug. Findings: The design defect claim was denied on appeal. For Strict Liability to apply in this type of case, the family had to prove both Direct and Proximate causation. There was no way to definitively prove that the drug caused Mr. Garza’s specific blood clots. Finis! Facts: A licensed doctor prescribed the drug Vioxx (a Merc Product) for Mr. Garza who sought a diagnosis for pain and numbness in his arm pain. Mr. Garza developed blood clots and died after three weeks of treatment. Case: His family filed a wrongful death suit alleging defective design and marketing of the drug. Findings: The design defect claim was denied on appeal. For Strict Liability to apply in this type of case, the family had to prove both Direct and Proximate causation. There was no way to definitively prove that the drug caused Mr. Garza’s specific blood clots. Finis! Negative Merck & Co. v. Garza
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