Hello, I needed you assistance with this writing assignment for my paralegal certification course. I would greatly appreciate any help. Thank you! Please see below:
Your supervising attorney has asked that you review the following facts and law given so that you may make any recommendations as to investigation and research that may be needed.The attorney is worried about the likely outcome of the case if taken to trial. The attorney is considering just settling the case.
Mr. Cartes owns a nightclub in the heart of the university district. Business had been slow, and to spice up things, Mr. Cartes removed his mechanical bull from his outdoor patio, and brought in a crane with bungee jumping. Mr. Cartes always had patrons sign a waiver of liability before taking the jump. One night, a young patron signed up for the jump, but apparently then fortified his nerve with several shots of tequila. When the very inebriated man finally jumped, his neck was broken by the bungee cord, and he died as a result of his injury. The parents of the young man are suing for negligence. Mr. Cartes' position is that he is not liable because the young man signed a waiver. Another problem is that, as it turned out, the young man was only 17, and was using a falsified identification card. The parents insist that any reasonable person could have looked at their son and would have known that he was not 21 years old. The owner of the nightclub swears that the man did not appear to be drunk. The family insists that the young man was not used to drinking and only a couple of drinks would have rendered him drunk. They also assert that he was a budding rock star, and was likely to have made millions of dollars on the concert circuit, and that he promised to take care of them financially. They now have to look forward to a bleak future without the security of having a wealthy son to support them. People who frequent the district told newspaper interviewers that the nightclub was always an "accident waiting to happen".
Your supervising attorney has supplied you with the following authorities:
- It is illegal to sell alcohol to a minor under State Statute § 500.
- It is illegal to continue to sell alcohol to a patron who is inebriated under State Statute § 400.
- A minor cannot enter a contract without parental consent under State Statute § 300.
- Anyone serving alcoholic beverages to the public is liable for damages caused to or by the patrons who leave the establishment in a state of drunkenness under State Statute § 900.
- In the case of Johnson v. Alt, a case decided in 1953, the court ruled that any person of right mind who engaged in dangerous activities got what he deserved if injured.
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