31 - BUSINESS LAW NOTES 1/31 TONIGHT: Soldano v. O'Daniels...

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BUSINESS LAW NOTES 1/31 TONIGHT: Soldano v. O’Daniels Jurisdiciton Pleadings Voir Dire Trials Alternatives to Trials SOLDANO V. O'DANIELS (case in the 70s): fight at bar, got of hand - bartender went across the street to use the phone at a different establishment, but the employer there would not let her use the phone to call the police the victim in the bar fight died the victim's family sued the employer at the store across the street for not letting the "good Samaritan" use the phone and save their son's life o the plaintiff's claim was that the employer was partially responsible for the victim's death b/c he impeded the good Samaritan from aiding the situation - therefore, the employer was indirectly responsible for the death question of personal risk to the employer = important ethical/moral responsibility v. legal responsibility case location=California court system 1. trial courts: dismissed the case b/c the employer had no legal responsibility even thought the immorality of his actions was obvious 2. intermediate appellate courts: family then appealed to the mid-level courts decided that the employer did have some liability for the death he had a business open to the public, and the court decided that b/c of this, he had the responsibility of offering his phone as aid to the public in emergency situations case was affirmed - then went back down with an order to the trial courts ( ) 3. Supreme Courts: say yes to approx. 5% of appeals from cases that were dismissed in lower and mid-level courts NOTE: very frequently it is the 2nd, 3rd, 4th etc. party that is sued for his liability to the case - this is heavily criticized b/c very often ppl sue the party that is presumably the most responsible group with the ability to pay for the loss incurred (even though there are clearly others more liable (they are not sued b/c of their lesser wealth & suing them would result in little money for the suer) Key Pretrial Factors: 1. JURISDICTION : has to do with the area of courts' power
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31 - BUSINESS LAW NOTES 1/31 TONIGHT: Soldano v. O'Daniels...

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