CASE BRIEF 12.1
Yale Diagnostic Radiology v. Estate of Fountain
838 A.2d 179 (Conn. 2003)
FACTS: In March, 1996, Harun Fountain was shot in the back of the head at point-blank range by
a playmate. As a result of his injuries, including the loss of his right eye, Fountain required
extensive lifesaving medical services from a variety of medical services providers, including Yale
Diagnostic Radiology (plaintiff). The expenses at Yale totaled $17,694. Yale billed Vernetta
Turner-Tucker (Tucker), Fountain's mother, but the bill went unpaid and, in 1999, Yale obtained
a judgment against her. In January, 2001, all of Tucker's debts were discharged in bankruptcy,
including the Yale judgment.
Tucker filed suit against the boy who had shot Fountain. However, Fountain succumbed to his
injuries, passing away before the case was settled. The settlement on the tort case was placed into
probate court as part of Fountain’s estate. Tucker was the administrator of Fountain’s estate.
When the settlement was deposited, Yale asked the probate court for payment of its $17,694
judgment from the estate.
DECISION BELOW: The Probate Court denied the motion. Yale appealed to the trial court, and
the trial court held for Yale. Tucker and the estate (defendants) appealed.
ISSUE ON APPEAL: Can minors be held liable for necessaries when their parents cannot or refuse
to pay?
DECISION: . . . we conclude that Connecticut recognizes the doctrine of necessaries. We further
conclude that, pursuant to the doctrine, the defendants are liable for payment to the plaintiff for
the services rendered to Fountain.
When a medical service provider renders necessary medical care to an injured minor, two contracts
arise: the primary contract between the provider and the minor's parents; and an implied in law
contract between the provider and the minor himself. The primary contract between the provider
and the parents is based on the parents' duty to pay for their children's necessary expenses, under
both common law and statute. Such contracts, where not express, may be implied in fact and
generally arise both from the parties' conduct and their reasonable expectations. The primacy of
this contract means that the provider of necessaries must make all reasonable efforts to collect
from the parents before resorting to the secondary, implied in law contract with the minor.
The present case illustrates the inequity that would arise if no implied in law contract arose between
Fountain and plaintiff. Fountain received, through a settlement with the boy who caused his
injuries, funds that were calculated, at least in part, on the costs of the medical services provided
to him by the plaintiff in the wake of those injuries. This fact further supports a determination of
an implied in law contract under the circumstances of the case.
Tucker had four years to pay the plaintiff's bill for the services rendered to ...
This order addresses a child custody dispute between divorced parents, Igor Malenko and Lori Handrahan, regarding their 4-year-old daughter Mila. It finds that while both parents love Mila, they are unable to effectively co-parent due to ongoing conflict. As a result, the order changes Mila's primary residence to her father and sets a visitation schedule for her mother, including regular visits in Maine as well as occasional longer visits in Washington D.C., where the mother now lives. The order also establishes child support obligations and maintains other aspects of the original custody agreement.
This order addresses a motion to modify parenting arrangements due to the mother's relocation for a new job in Washington D.C. The judge denies the mother's request, finding her testimony not credible. The judge finds the father's testimony credible and corroborated by evidence. The judge also finds that an effective co-parenting relationship has never developed and the mother refuses or is unable to co-parent with the father, as demonstrated by her past unilateral actions in violation of the divorce judgment. The best interests of the child require abating parental conflict and ensuring her continued meaningful engagement with both parents individually.
This order addresses a child custody dispute between divorced parents, Igor Malenko and Lori Handrahan, regarding their 4-year-old daughter Mila. It finds that while both parents love Mila, they are unable to effectively co-parent due to ongoing conflict. As a result, the order changes Mila's primary residence to her father and sets a visitation schedule for her mother, including regular weekends and extended summer visits. It also establishes child support obligations and maintains other terms of prior orders not inconsistent with the new arrangements.
This order addresses a child custody dispute between divorced parents, Igor Malenko and Lori Handrahan, regarding their 4-year-old daughter Mila. It finds that the mother, Lori, has demonstrated an inability to co-parent with the father and makes several rulings:
1. Mila's primary residence will be with her father, Igor, though both parents will share parental rights and responsibilities.
2. Mila will spend weekends and school vacations alternating between her parents, along with two 2-week periods in the summer with her mother.
3. The father must keep the mother informed about Mila's life and involve her in major decisions, but he will
This document is a divorce judgment between Igor Malenko and Lori Handrahan. It summarizes that the two parties were married in 2006 and have one daughter, Mila, born in 2006. The primary issue is determining parental rights and responsibilities for Mila, which is hotly contested. While Defendant claims Plaintiff is mentally ill and violent, posing a risk to Mila, the court agrees with the Guardian that Plaintiff does not likely pose a risk of harm to Mila based on the evidence presented. The judgment finds in favor of Plaintiff being granted shared parental rights and liberal visitation with Mila.
This document is a reply brief filed by defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Lashanda Adams in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. The brief summarizes that the plaintiff was transferred to a Dismas facility and agreed to follow various rules as part of his transition from prison back into the community, but violated these rules by driving without permission and possessing a cell phone. As required, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison. The defendants argue they are entitled to summary judgment on the plaintiff's claims of false arrest, imprisonment, assault, battery and malicious prosecution
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This document is a reply brief filed by the defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility operated by Dismas Charities as part of his transition from federal prison back into the community. The plaintiff violated rules of his placement by driving without permission and possessing a cell phone. As required, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison to serve the remaining 68 days of his sentence. The defendants argue they are entitled to summary judgment on the plaintiff's tort claims of false arrest, assault, battery, and malicious prosecution.
Defendants’ reply brief in response to plaintiff’s response brief and in supp...Cocoselul Inaripat
This document is a reply brief filed by defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Lashanda Adams in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. The brief summarizes that the plaintiff was transferred to a Dismas facility and agreed to follow various rules as part of his transition from prison back into the community, but violated these rules by driving without permission and possessing a cell phone. As required, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison. The defendants argue they are entitled to summary judgment on the plaintiff's claims of false arrest, imprisonment, assault, battery and malicious prosecution
This order addresses a child custody dispute between divorced parents, Igor Malenko and Lori Handrahan, regarding their 4-year-old daughter Mila. It finds that while both parents love Mila, they are unable to effectively co-parent due to ongoing conflict. As a result, the order changes Mila's primary residence to her father and sets a visitation schedule for her mother, including regular visits in Maine as well as occasional longer visits in Washington D.C., where the mother now lives. The order also establishes child support obligations and maintains other aspects of the original custody agreement.
This order addresses a motion to modify parenting arrangements due to the mother's relocation for a new job in Washington D.C. The judge denies the mother's request, finding her testimony not credible. The judge finds the father's testimony credible and corroborated by evidence. The judge also finds that an effective co-parenting relationship has never developed and the mother refuses or is unable to co-parent with the father, as demonstrated by her past unilateral actions in violation of the divorce judgment. The best interests of the child require abating parental conflict and ensuring her continued meaningful engagement with both parents individually.
This order addresses a child custody dispute between divorced parents, Igor Malenko and Lori Handrahan, regarding their 4-year-old daughter Mila. It finds that while both parents love Mila, they are unable to effectively co-parent due to ongoing conflict. As a result, the order changes Mila's primary residence to her father and sets a visitation schedule for her mother, including regular weekends and extended summer visits. It also establishes child support obligations and maintains other terms of prior orders not inconsistent with the new arrangements.
This order addresses a child custody dispute between divorced parents, Igor Malenko and Lori Handrahan, regarding their 4-year-old daughter Mila. It finds that the mother, Lori, has demonstrated an inability to co-parent with the father and makes several rulings:
1. Mila's primary residence will be with her father, Igor, though both parents will share parental rights and responsibilities.
2. Mila will spend weekends and school vacations alternating between her parents, along with two 2-week periods in the summer with her mother.
3. The father must keep the mother informed about Mila's life and involve her in major decisions, but he will
This document is a divorce judgment between Igor Malenko and Lori Handrahan. It summarizes that the two parties were married in 2006 and have one daughter, Mila, born in 2006. The primary issue is determining parental rights and responsibilities for Mila, which is hotly contested. While Defendant claims Plaintiff is mentally ill and violent, posing a risk to Mila, the court agrees with the Guardian that Plaintiff does not likely pose a risk of harm to Mila based on the evidence presented. The judgment finds in favor of Plaintiff being granted shared parental rights and liberal visitation with Mila.
This document is a reply brief filed by defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Lashanda Adams in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. The brief summarizes that the plaintiff was transferred to a Dismas facility and agreed to follow various rules as part of his transition from prison back into the community, but violated these rules by driving without permission and possessing a cell phone. As required, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison. The defendants argue they are entitled to summary judgment on the plaintiff's claims of false arrest, imprisonment, assault, battery and malicious prosecution
Defendants’ reply brief in response to plaintiff’s response brief and in supp...Cocoselul Inaripat
This document is a reply brief filed by the defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility operated by Dismas Charities as part of his transition from federal prison back into the community. The plaintiff violated rules of his placement by driving without permission and possessing a cell phone. As required, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison to serve the remaining 68 days of his sentence. The defendants argue they are entitled to summary judgment on the plaintiff's tort claims of false arrest, assault, battery, and malicious prosecution.
Defendants’ reply brief in response to plaintiff’s response brief and in supp...Cocoselul Inaripat
This document is a reply brief filed by defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Lashanda Adams in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. The brief summarizes that the plaintiff was transferred to a Dismas facility and agreed to follow various rules as part of his transition from prison back into the community, but violated these rules by driving without permission and possessing a cell phone. As required, Dismas reported the violations to the Bureau of Prisons, which returned the plaintiff to prison. The defendants argue they are entitled to summary judgment on the plaintiff's claims of false arrest, imprisonment, assault, battery and malicious prosecution
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This document is a reply brief filed by defendants in response to the plaintiff's response brief and in support of the defendants' motion for summary judgment. It summarizes that the plaintiff was transferred to a community corrections facility (Dismas) as a transition from federal prison, and agreed to follow its rules. However, the plaintiff admitted driving without permission and possessing a cell phone, in violation of the rules. As a result, he was returned to federal prison to serve the remaining 68 days of his sentence. The brief argues the defendants are entitled to summary judgment on the plaintiff's claims of false arrest, assault, malicious prosecution, abuse of process, negligence and constitutional violations, as the plaintiff cannot prove the elements of these claims or that
This memorandum addresses potential outcomes in a custody and contempt case between Mary Lowe and John Lowe. It discusses 6 key issues: 1) whether Mary is in contempt for moving to Denver without permission and interfering with John's relationship with their children; 2) whether custody should be modified to grant John primary custody due to Mary cohabiting with her boyfriend and endangering the children; 3) whether John is in contempt for alleged child support arrears and comments made to the children; 4) whether equitable defenses protect John from contempt allegations; 5) whether prior child support payments made by John can satisfy alleged arrears; and 6) whether John was in contempt for comments made to Mary upon learning of her move. The analysis examines
The increasing frequency and costs of adoption lawsuits are causing problems for adoption agencies. Misrepresentations about children's backgrounds and medical histories are common causes of these lawsuits. Incidents of abuse in overseas orphanages are also a major issue, especially in Ethiopia. Standards and controls over inter-country adoptions need improvement to address the root causes that have allowed these problems to occur. Adoption agencies can take steps to strengthen documentation, contracts, education, and verification processes to help fix these issues.
Petitioner Deborah Weaver is filing a verified petition to modify custody, parent-time, and child support regarding her three minor children with Respondent Siosifa Heimuli. She alleges that Respondent has continually refused to pay child support and comply with court orders. Additionally, the children have been exposed to domestic violence in Respondent's home. Petitioner proposes adopting her concurrently filed parenting plan and modifying child support. She requests that Respondent and his wife submit to psychological evaluations and that a guardian ad litem be appointed to represent the children's best interests. Petitioner asserts these changes are necessary to protect the children from further abuse and are in their best interests.
Final Divorce Order Halburn v. Halburn 11d-516 1/23/2013Putnam Reporter
This document is a final divorce order from the Family Court of Putnam County, West Virginia regarding the divorce of Dolores Jean Halburn and Mark Vance Halburn. It details the findings of fact and conclusions of law reached by the court. The court granted the divorce based on irreconcilable differences and allocated primary custody of the minor child to Dolores, with every other weekend visitation to Mark. The court considered forensic psychological evaluations of both parties and found Mark has a personality disorder and tendency to generate interpersonal conflicts, posing a risk of harm to the child. Dolores expressed concerns about Mark's volatile behavior escalating conflicts and potentially endangering the child. The court credited Dolores' testimony in restricting Mark's
IJ Wilson provided short continuances of 2-4 weeks to unrepresented unaccompanied children to obtain counsel, improperly prejudging future continuance requests. IJ Wilson also proceeded in removal hearings against some children without counsel and failed to advise children that USCIS had initial jurisdiction over their asylum applications, in violation of the TVPRA. The combined effect of IJ Wilson's actions deprived children of their due process rights.
This document discusses Alabama's immigration law (HB 56) and its impacts on health care. It describes provisions of the law that are being challenged in federal and state litigation. Key sections that affect health care licensing, public benefits, and verifying immigration status are analyzed. Concerns are raised that the law may deter immigrants from seeking health care and negatively impact public health in Alabama.
This document summarizes issues related to domestic restraining orders. It discusses how restraining orders are obtained through a two-step process and are often issued on an emergency basis without the respondent being present. It estimates that around 60% of the millions of restraining orders issued annually are unnecessary or false. The document also discusses how restraining orders can negatively impact families and violate due process, as well as problems with gender bias in their issuance and victims sometimes being wrongly accused of abuse.
West Virginia Supreme Court of Appeals Memorandum Decision No. 18-0230 (Putna...Putnam Reporter
A memorandum decision by the West Virginia Supreme Court of Appeals in the case of Mark Vance Halburn v Dolores J. M. No. 15-0350 (Putnam County 11-D-516) September 9, 2019.
Findings and Conclusions awarding damages to Ash Grove against Travelers and Liberty Mutual for breach of duty to defend in connection with Portland Harbor Superfund Site.
The document summarizes the impacts of Alabama's immigration law (HB 56) on health care. It discusses how the law:
1) Prohibits undocumented immigrants from receiving most public benefits but exempts programs like WIC and immunizations;
2) Requires verification of lawful status for other services like dental care; and
3) Imposes new requirements for employers, licenses/permits, and birth certificates that may negatively impact access to care.
Litigation challenging parts of the law is ongoing in federal and state courts. The law's health impacts include less access to care and potential spread of diseases.
This letter from Plaintiffs' counsel opposes Defendant Unitransfer's motion for Rule 11 sanctions related to Plaintiffs' amended complaint alleging antitrust violations. Plaintiffs argue their complaint is supported by evidence, including recordings of Martelly discussing agreeing with companies to increase fees. Plaintiffs also argue Unitransfer had economic incentive to participate given corruption in Haiti. Finally, Plaintiffs state their state law claims are valid under the act of state doctrine since collection occurred in the US.
Bill, an American citizen, wants to apply for asylum in the US on behalf of his niece Jane, a Canadian citizen. However, Jane's father John, a Canadian citizen, has custodial rights over Jane and could oppose the application. For Jane to be granted asylum, she would need to demonstrate a credible well-founded fear of persecution upon returning to Canada, but the facts provided so far do not clearly show this. It is recommended to gather more evidence of specific political persecution before proceeding with the application.
The United States District Court for New Jersey granted summary judgment in favor of St. Paul Fire & Marine Insurance Company in a coverage action. The court found that an attorney malpractice insurer was not required to provide coverage for a $1.4 million judgment against their insured. This was because the insured was on actual notice of the underlying legal malpractice claim prior to the inception of the claims-made insurance policy, based on a letter received from opposing counsel regarding potential legal action. While the plaintiff argued the letter was not a formal claim, the court found the insured was aware of facts that could reasonably give rise to a claim. Therefore, the claim fell outside the policy period and the insurer had no obligation to provide coverage or indemn
Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Write a case brief using the IRAC method. Write an explanation o.docxericbrooks84875
Write a case brief using the IRAC method.
Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.
See case below
Home » 4th District, California Courts of Appeals Tort / Personal Injury Cases, Emotional Distress
Mealy v. B-Mobile, Inc. (2011) , Cal.App.4th
8 February 2013 No Comment
[No. B226243. Second Dist., Div. Three. May 24, 2011.]
DONALD MEALY, Plaintiff and Appellant, v. B-MOBILE, INC., et al., Defendants and Respondents.
(Superior Court of Los Angeles County, No. YC058891, Andrew C. Kauffman, Judge.)
(Opinion by Croskey, Acting P. J., with Kitching, J., and Aldrich, J., concurring.)
COUNSEL
Agnew Brusavich, Bruce M. Brusavich, Tobin D. Ellis; and Jean Ballantine for Plaintiff and Appellant.
Brown, Brown & Klass and Robert L. Kaufman for Defendants and Respondents. {Slip Opn. Page 2}
OPINION
CROSKEY, Acting P. J.-
Donald Mealy appeals a defense judgment on his counts against B-Mobile, Inc., and Guldmann, Inc., for loss of consortium and negligent infliction of emotional distress after the granting of a motion for judgment (Code Civ. Proc., § 631.8) in a nonjury trial. He contends the trial court's findings that he suffered no cognizable damages on either count are based on legal error and are not supported by the evidence. We conclude that the evidence compels the conclusion that Donald Mealy suffered a compensable loss of consortium and that the trial court's finding to the contrary was error. We also conclude that Donald Mealy has shown no error in the denial of relief on his count for negligent infliction of emotional distress. We therefore will affirm the judgment in part and reverse it in part.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual Background
Donald Mealy, born in 1925, and Adelaide Mealy, born in 1927, married in 1951. Adelaide Mealy was stricken with polio in 1952 and suffered almost complete paralysis in both legs. She was confined to a wheelchair after that time, but was able to drive a car and work outside the home. She had five children and worked as a counselor for Catholic Social Services for 30 years, until she retired at the age of 63 in 1990. She began to lose strength in her arms at about that time, and mobility became more difficult.
Adelaide Mealy used a device known as a Hoyer lift to transfer her from the bed to a wheelchair beginning in approximately 2000. She would rest on a sling that was {Slip Opn. Page 3} suspended from an arm by two chains. She fell from the device in 2006, suffering a broken hip. She recuperated within one year.
The Mealys replaced the Hoyer lift with a Guldmann lift system. The new lift system included a sling with straps to support her, an electric motor to lift and lower her, and a track mounted overhead to transport her from the bedroom to the bathroom. Donald Mealy transferred his wife in and out of bed and from the bedroom to the bathroom using the lift system. After being transferr.
1-2paragraphsapa formatWelcome to Module 6. Divers.docxjasoninnes20
1-2
paragraphs
apa format
Welcome to Module 6. Diversity can help ensure that a team has the skills and knowledge necessary for the successful completion of tasks. Diverse teams, as long as they are well managed, tend to be more creative and achieve goals more efficiently. Leaders must understand and appreciate the diversity that exists in their team. Answer the following question as you think about the diversity that exists within your own organization.
How does this diversity help your team achieve its goals?
Have you noticed any barriers to team unity that may be attributed to the diversity of team members' backgrounds?
How has your background and experience prepared you to be an effective leader in an organization that holds diversity and inclusion as core to its mission and values?
.
1-Post a two-paragraph summary of the lecture; 2- Review the li.docxjasoninnes20
1-Post a two-paragraph summary of the lecture;
2- Review the links and select one. Briefly explain how they support our curse.
http://www.fldoe.org/
http://www.eric.ed.gov/ERICWebPortal/Home.portal
http://firn.edu/doe/sas/ftce/ftcecomp.htm
Use APA 7.
each work separately.
.
1-What are the pros and cons of parole. Discuss!2-Discuss ways t.docxjasoninnes20
1-What are the pros and cons of parole. Discuss!
2-Discuss ways to improve parole so that offenders have a better chance of being successful in the community
3-What are the barriers that parolees face when they return to the community that contribute to them failing. Give a relative example!
Submit in 3 paragraphs
.
1-page (max) proposal including a Title, Executive Summary, Outline,.docxjasoninnes20
1-page (max) proposal including a Title, Executive Summary, Outline, Team members, Task Assignment and Duration (who is doing what part). Include your anticipated dataset(s) and techniques/software. Please provide a list of the main references you want to use for your project in any appropriate format, e.g. Vancouver or APA style.
proposal is due by october 7th 2020 at 12pm est
project by 25th october
instructions for project are in the folder
.
1-Identify the benefits of sharing your action research with oth.docxjasoninnes20
1-Identify the benefits of sharing your action research with others.
-How does sharing your action research assist you in achieving your goal to improve the lives of your students?
2-Describe the criteria used to judge action research.
-What determines if your action research study gets published?
3-Identify one Web site resource (ERIC)and describe how it assisted you in designing, implementing, evaluating, writing and/or sharing your action research. Choose any one of the Web site sources listed in chapter 10(last page of attachment)
4-Why does Mills suggest in the last chapter of his book that this is really the beginning of your work?( start page 291)
Source:
Mills, G. E. (2000). Action research: A guide for the teacher researcher. Prentice-Hall, Inc., One Lake Street, Upper Saddle River, New Jersey 07458.
.
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Write a case brief using the IRAC method. Write an explanation o.docxericbrooks84875
Write a case brief using the IRAC method.
Write an explanation of no more than 750 words about how the legal concepts in the selected case can be applied within a business managerial setting.
See case below
Home » 4th District, California Courts of Appeals Tort / Personal Injury Cases, Emotional Distress
Mealy v. B-Mobile, Inc. (2011) , Cal.App.4th
8 February 2013 No Comment
[No. B226243. Second Dist., Div. Three. May 24, 2011.]
DONALD MEALY, Plaintiff and Appellant, v. B-MOBILE, INC., et al., Defendants and Respondents.
(Superior Court of Los Angeles County, No. YC058891, Andrew C. Kauffman, Judge.)
(Opinion by Croskey, Acting P. J., with Kitching, J., and Aldrich, J., concurring.)
COUNSEL
Agnew Brusavich, Bruce M. Brusavich, Tobin D. Ellis; and Jean Ballantine for Plaintiff and Appellant.
Brown, Brown & Klass and Robert L. Kaufman for Defendants and Respondents. {Slip Opn. Page 2}
OPINION
CROSKEY, Acting P. J.-
Donald Mealy appeals a defense judgment on his counts against B-Mobile, Inc., and Guldmann, Inc., for loss of consortium and negligent infliction of emotional distress after the granting of a motion for judgment (Code Civ. Proc., § 631.8) in a nonjury trial. He contends the trial court's findings that he suffered no cognizable damages on either count are based on legal error and are not supported by the evidence. We conclude that the evidence compels the conclusion that Donald Mealy suffered a compensable loss of consortium and that the trial court's finding to the contrary was error. We also conclude that Donald Mealy has shown no error in the denial of relief on his count for negligent infliction of emotional distress. We therefore will affirm the judgment in part and reverse it in part.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual Background
Donald Mealy, born in 1925, and Adelaide Mealy, born in 1927, married in 1951. Adelaide Mealy was stricken with polio in 1952 and suffered almost complete paralysis in both legs. She was confined to a wheelchair after that time, but was able to drive a car and work outside the home. She had five children and worked as a counselor for Catholic Social Services for 30 years, until she retired at the age of 63 in 1990. She began to lose strength in her arms at about that time, and mobility became more difficult.
Adelaide Mealy used a device known as a Hoyer lift to transfer her from the bed to a wheelchair beginning in approximately 2000. She would rest on a sling that was {Slip Opn. Page 3} suspended from an arm by two chains. She fell from the device in 2006, suffering a broken hip. She recuperated within one year.
The Mealys replaced the Hoyer lift with a Guldmann lift system. The new lift system included a sling with straps to support her, an electric motor to lift and lower her, and a track mounted overhead to transport her from the bedroom to the bathroom. Donald Mealy transferred his wife in and out of bed and from the bedroom to the bathroom using the lift system. After being transferr.
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Welcome to Module 6. Diversity can help ensure that a team has the skills and knowledge necessary for the successful completion of tasks. Diverse teams, as long as they are well managed, tend to be more creative and achieve goals more efficiently. Leaders must understand and appreciate the diversity that exists in their team. Answer the following question as you think about the diversity that exists within your own organization.
How does this diversity help your team achieve its goals?
Have you noticed any barriers to team unity that may be attributed to the diversity of team members' backgrounds?
How has your background and experience prepared you to be an effective leader in an organization that holds diversity and inclusion as core to its mission and values?
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http://www.fldoe.org/
http://www.eric.ed.gov/ERICWebPortal/Home.portal
http://firn.edu/doe/sas/ftce/ftcecomp.htm
Use APA 7.
each work separately.
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Source:
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Watch the movie
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Don Quixote
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Humility and nobility
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Importance of reading
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1- reply to both below, no more than 75 words per each. PSY 771.docxjasoninnes20
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PSY 7710
4 days ago
Karissa Milano
unit 9 discussion scenario 3
COLLAPSE
ABA Procedure: A DRO (differential reinforcement of other behavior) to address SIB exhibited by a toddler in a home setting.
Special Methods: Any appropriate behaviors other than SIB will be reinforced through a specific amount of time (every five minutes). Reinforcement is only given when the individual does not engage in SIB behaviors.
Risks
Notes
1 Implementing the plan at home can be difficult.
1 The family might be concerned with their safety and the safety of the child. There should be a protocol before implementing this intervention.
2 Family members and client could be at risk for danger.
2 The parents might be concerned for the safety of themselves and their child.
3 Possible increase in SIB
3 SIB behaviors might increase before it decreases due to an extinction burst. The behavior analyst should have a protocol before implementing this intervention.
4 SIB behaviors could remain the same.
4 If there is no change in the clients SIB behaviors then a preference test should be conducted to determine motivating reinfoncers.
Benefits
Notes
1 Generalization
1 The client will learn to use this skill at home as well as be able generalize this skill into other settings.
2 Improved learning environment
2 SIB behaviors will decrease and appropriate behavior will be taught. SIB will no longer impact the client and family in the future.
3 Increase in appropriate behaviors
3 Appropriate behaviors will be taught and replace the SIB behavior.
4 Least intrusive intervention
4 Using reinforcement to decrease the problem behavior and increase appropriate behaviors. This is a least restrictive method of treatment.
5 Parent training and involvement
5 Parents will feel confident about implementing this evidence based treatment at home. This will can lead to an increase a buy in from the family and they will feel comfortable implementing other interventions in the future.
Summary: DRO is an intervention that is used when the client does not engage in the problem behavior (SIB) (Bailey & Burch, 2016). Reinforcement should only be given to the individual after a certain amount of time that the client is not engaging in the problem behavior; in this case it should be after five minutes of the client not engaging in SIB. The person who is implementing this treatment should not reinforce the problem behavior. The benefits of implementing DRO outweigh the risks of implementing DRO. DRO is a good intervention to use when decreasing SIB behavior. Although there are some risks, the individual who is implementing DRO should have the knowledge, training and experience and be confident when implementing DRO ( Bailey & Burch, 2016).
Reference
Bailey, J. S., & Burch, M. R. (2016).
Ethics for behavior analysts
(3rd ed.). New York, NY: Routledge.
PSY 7711
3 days ago
Emily Gentile
Unit 9 Discussion
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CASE BRIEF 12.1 Yale Diagnostic Radiology v. Estate of .docx
1. CASE BRIEF 12.1
Yale Diagnostic Radiology v. Estate of Fountain
838 A.2d 179 (Conn. 2003)
FACTS: In March, 1996, Harun Fountain was shot in the back
of the head at point-blank range by
a playmate. As a result of his injuries, including the loss of his
right eye, Fountain required
extensive lifesaving medical services from a variety of medical
services providers, including Yale
Diagnostic Radiology (plaintiff). The expenses at Yale totaled
$17,694. Yale billed Vernetta
Turner-Tucker (Tucker), Fountain's mother, but the bill went
unpaid and, in 1999, Yale obtained
a judgment against her. In January, 2001, all of Tucker's debts
were discharged in bankruptcy,
including the Yale judgment.
Tucker filed suit against the boy who had shot Fountain.
However, Fountain succumbed to his
2. injuries, passing away before the case was settled. The
settlement on the tort case was placed into
probate court as part of Fountain’s estate. Tucker was the
administrator of Fountain’s estate.
When the settlement was deposited, Yale asked the probate
court for payment of its $17,694
judgment from the estate.
DECISION BELOW: The Probate Court denied the motion.
Yale appealed to the trial court, and
the trial court held for Yale. Tucker and the estate (defendants)
appealed.
ISSUE ON APPEAL: Can minors be held liable for necessaries
when their parents cannot or refuse
to pay?
DECISION: . . . we conclude that Connecticut recognizes the
doctrine of necessaries. We further
conclude that, pursuant to the doctrine, the defendants are liable
for payment to the plaintiff for
the services rendered to Fountain.
When a medical service provider renders necessary medical care
to an injured minor, two contracts
3. arise: the primary contract between the provider and the minor's
parents; and an implied in law
contract between the provider and the minor himself. The
primary contract between the provider
and the parents is based on the parents' duty to pay for their
children's necessary expenses, under
both common law and statute. Such contracts, where not
express, may be implied in fact and
generally arise both from the parties' conduct and their
reasonable expectations. The primacy of
this contract means that the provider of necessaries must make
all reasonable efforts to collect
from the parents before resorting to the secondary, implied in
law contract with the minor.
The present case illustrates the inequity that would arise if no
implied in law contract arose between
Fountain and plaintiff. Fountain received, through a settlement
with the boy who caused his
injuries, funds that were calculated, at least in part, on the costs
of the medical services provided
to him by the plaintiff in the wake of those injuries. This fact
further supports a determination of
an implied in law contract under the circumstances of the case.
4. Tucker had four years to pay the plaintiff's bill for the services
rendered to Fountain. She did not
pay that bill even when the plaintiff pursued a collection action
against her. These facts are
sufficient to show that Tucker was unwilling or unable to pay
for Fountain's necessary medical
services.
Affirmed.
Questions
1. Describe the series of events that led to Yale requesting that
the minor pay for the medical
services.
2. What public policy issues and concerns result from this
decision?
3. What benefits does the decision provide?
5. CASE BRIEF 12.4
Hawkins v. Globe Life Insurance
105 F.Supp.3d 430 (D. N.J. 2015)
FACTS: In late August 2011, Natasha Hawkins (plaintiff)
applied for a second life insurance on
her nineteen year-old son, Khalil Wallace, from Globe Life
Insurance Company. After Globe
received Ms. Hawkins’ enrollment form and premium payment,
but before Globe formally
approved the policy, Khalil was murdered. Globe refused to
pay the policy proceeds, and Ms.
Hawkins filed suit.
Globe mailed plaintiff an advertisement for up to $50,000 in life
insurance protection. The
materials included two informational pamphlets, a letter, and an
enrollment form. The following
summary lists representations from these materials:
Pamphlet 1
• First-day coverage
6. • No waiting period
• Buy direct by mail
• Choose $5,000, $10,000, $20,000, $30,000 or $50,000
coverage
• $1.00 for $50,000
• No medical exam − just answer a few health questions
Pamphlet 2
• Start a Life Insurance Policy for Only $1
Letter
x)
• Buy Direct by Mail (2x)
• $1.00 Starts Up To $50,000 Life Insurance Coverage
• Globe gives you life insurance coverage that costs only $1.00
to start!
• There's no medical exam ... just answer a few Yes/No health
questions
• You buy directly through the mail
• Answer A Few Yes/No Health Questions (2x)
Enrollment Form/Application
7. • No waiting period
• $1 Buys Up to $50,000
• $1 Buys $50,000 − Direct by Mail
• You can choose from $5,000, $10,000, $20,000, $30,000 or
even $50,000 life insurance
coverage
• There is no medical exam − just a few Yes/No health
questions
Globe's enrollment form contains Question 2.b. This question
asks whether in the past three years
Khalil “had or been treated for ... drug or alcohol abuse.”
[P]laintiff was aware her son was
previously arrested and charged with multiple drug offenses. It
is also undisputed that subsequent
to one of Khalil's arrests, plaintiff arranged for Khalil to attend
a few counseling sessions with a
general therapist. However, plaintiff denied any knowledge of
what her son discussed with his
therapist during these sessions. She also denied any knowledge
that her son used drugs. Plaintiff
8. testified that despite her son's troubled past she did not believe
he abused drugs. She noted that her
son was an athlete and never showed symptoms of drug abuse.
After plaintiff mailed the enrollment form, Khalil was charged
on September 2, 2011, with
possession of marijuana. Plaintiff learned about this arrest
within a few days, but did not inform
Globe.
[P]laintiff's application was subject to a “Quality Assurance”
(“QA”) follow-up call. Globe
attempted to telephone plaintiff 21 times and sent two letters to
verify the truth of the statements
on her enrollment form.
On September 20, 2011, plaintiff's son disappeared into a van
with unidentified individuals. On
September 22, 2011, plaintiff was informed that her son was
last seen two days prior and that his
cell phone was found in Philadelphia. The same day plaintiff
filed a missing person report with
the state police. Despite these events, plaintiff testified she was
not concerned for her son's safety
9. following his disappearance because he would often be away
from home for periods of more than
two weeks at a time. Additionally, plaintiff testified that when
she filed the missing person report
the police believed her son had run off to avoid charges from
his recent arrest.
On September 28, 2011, plaintiff called Globe to complete the
QA. During the call, . . . [t]he Globe
representative asked plaintiff whether the proposed insured had
a history of drug or alcohol abuse.
Plaintiff again denied any knowledge that her son had a history
of drug or alcohol abuse or
treatment and affirmed that her answers were true to the best of
her knowledge.
Following the QA call, Globe formally approved plaintiff's
policy on October 1, 2011. On October
6, 2011, six days after the policy was issued, Khalil Wallace's
body was found. The cause of death
was determined to be multiple gunshot wounds inflicted on
September 20, 2011, the day Khalil
went missing. Plaintiff called Globe to report her son's death
on October 24, 2011, and submitted
her claim for payment on February 6, 2012. On February 21,
10. 2012, Globe advised it was
investigating the claim. Following an exchange of letters
between Globe and plaintiff, on July 6,
2012, Globe advised that it was voiding its policy because
plaintiff misrepresented material facts
during the application process.
Globe received plaintiff's application materials on September 9,
2011, and deposited the premium
check on September 12, 2011. For the reasons described above,
this initiated interim coverage on
Khalil's life as of September 9 or 12, 2011. Accordingly,
plaintiff had interim coverage when
Khalil died on September 20, 2011.
ISSUE: Was there a valid policy in place?
DECISION: The court held that there was a policy in place.
The plaintiff did nothing wrong
because the questions were ambiguous and construed against the
insurer. The fine print created
ambiguities in what the insurer was doing. Ambiguities are
construed against insurers.
https://a.next.westlaw.com/Link/Document/FullText?entityType
11. =gdrug&entityId=Iff1648e16c7111e18b05fdf15589d8e8&origin
ationContext=document&transitionType=DocumentItem&contex
tData=(sc.Default)
Questions
1. What were the problems with Globe’s marketing materials?
2. Develop a timeline for the events from the time of the policy
mailer. Why are Khalil’s arrest
and previous counseling not required to be disclosed?
3. Describe how Globe should have asked its questions.
CASE BRIEF 12.5
Sons of Thunder, Inc. v. Borden, Inc.
690 A.2d 575 (N.J. 1997)
FACTS: Borden hired Donald De Musz to captain one of its
clam boats. Over time, De Musz
formed a business, in reliance upon Borden’s ongoing business,
to buy boats and participate in the
12. expensive Shuck-at-Sea program. Eventually, De Musz had
borrowed a great deal, spent a great
deal only to have Borden pull out of its side of the agreements.
De Musz filed suit.
DECISION BELOW: The jury found for De Musz. The Court
of Appeals affirmed.
ISSUE ON APPEAL: Was Borden required to compensate De
Musz for its abrupt and early
termination of the relationship?
DECISION: Yes. The jury award of one year’s profit was fair.
Great reliance by De Musz in the
situation. Mandated good faith.
Questions
1.Were all the De Musz corporations completely dependent on
Borden?
2.What impact does "good faith" have on termination of a
contract?
3.What are the damages when there is a lack of good faith in the
termination of a contract?
13. 4.What provisions would you suggest be added to a contract
such as this in which the
relationship is one of contract, but also one of dependence?
Rubic_Print_FormatCourse CodeClass CodeAssignment
TitleTotal PointsNRS-434VNNRS-434VN-O508Benchmark -
Human Experience Across the Health-Illness
Continuum100.0CriteriaPercentageUnsatisfactory (0.00%)Less
than Satisfactory (75.00%)Satisfactory (79.00%)Good
(89.00%)Excellent (100.00%)CommentsPoints
EarnedContent80.0%Health-Illness Importance to Health and
Patient Care (Benchmarked: 5.1. Understand the human
experience across the health-illness continuum.) 30.0%A
discussion on the importance of the health-illness continuum is
not presented. A partial summary on the importance of the
health-illness continuum is presented. The summary does not
fully include the relation of the continuum to health and the
human experience in patient care. There are significant
inaccuracies. More evidence or information is needed.A general
discussion on the importance of the health-illness in relation to
health and the human experience in patient care is presented.
The discussion generally establishes that the health-illness
continuum is important to patient care. There are some
inaccuracies. More information or rationale is needed.A
discussion on the importance of the health-illness in relation to
health and the human experience in patient care is presented.
The discussion demonstrates that the health-illness continuum is
important to patient care. Some rationale is needed for clarity.A
discussion on the importance of the health-illness continuum in
relation to health and the human experience in patient care is
presented. The discussion demonstrates that the health-illness
continuum is important to patient care. Strong rationale is
14. offered for support.Refection on Personal State of Health and
the Health Illness Continuum30.0%Reflection on personal
overall state of health is omitted. A partial summary of
personal overall state of health is included. The summary is not
informative. Behaviors supporting or detracting from health and
well-being are omitted or incomplete. A general discussion of
personal overall state of health is included. Overall the
discussion demonstrates some insight into some behaviors
supporting or detracting from health and well-being. The author
does not clearly establish where personal health falls on the
health-illness continuum.A discussion of personal state of
health is included. The discussion demonstrates personal insight
into overall behaviors supporting or detracting from health and
well-being. The author establishes where personal health falls
on the health-illness continuum.A well-developed discussion of
personal state of health is included. The discussion
demonstrates strong personal insight into behaviors supporting
or detracting from health and well-being. The author clearly
establishes where personal health falls on the health-illness
continuum. Resources Supporting Wellness20.0%Options and
resources available to help the author move toward wellness on
the health-illness continuum are omitted.Partial options and
resources available that would help the author move toward
wellness on the health-illness continuum are presented. It is
unclear how this will assist in moving the author toward
wellness.General options and resources available that would
help the author move toward wellness on the health-illness
continuum are presented. More information is needed to
establish how this will assist in moving the author toward
wellness.Options and resources available that would reasonably
help the author move toward wellness on the health-illness
continuum are presented. The author establishes how these
resources will assist in moving toward wellness.Options and
resources available that would be extremely helpful to help the
author move toward wellness on the health-illness continuum
are presented. The author clearly establishes how these will
15. assist in moving toward wellness. Insight into wellness as it
pertains to the health illness continuum is
demonstrated.Organization and Effectiveness 15.0%Thesis
Development and Purpose5.0%Paper lacks any discernible
overall purpose or organizing claim.Thesis is insufficiently
developed or vague. Purpose is not clear.Thesis is apparent and
appropriate to purpose.Thesis is clear and forecasts the
development of the paper. Thesis is descriptive and reflective of
the arguments and appropriate to the purpose.Thesis is
comprehensive and contains the essence of the paper. Thesis
statement makes the purpose of the paper clear.Argument Logic
and Construction5.0%Statement of purpose is not justified by
the conclusion. The conclusion does not support the claim
made. Argument is incoherent and uses noncredible
sources.Sufficient justification of claims is lacking. Argument
lacks consistent unity. There are obvious flaws in the logic.
Some sources have questionable credibility.Argument is
orderly, but may have a few inconsistencies. The argument
presents minimal justification of claims. Argument logically,
but not thoroughly, supports the purpose. Sources used are
credible. Introduction and conclusion bracket the thesis.
Argument shows logical progressions. Techniques of
argumentation are evident. There is a smooth progression of
claims from introduction to conclusion. Most sources are
authoritative.Clear and convincing argument that presents a
persuasive claim in a distinctive and compelling manner. All
sources are authoritative.Mechanics of Writing (includes
spelling, punctuation, grammar, language use)5.0%Surface
errors are pervasive enough that they impede communication of
meaning. Inappropriate word choice or sentence construction is
used.Frequent and repetitive mechanical errors distract the
reader. Inconsistencies in language choice (register), sentence
structure, or word choice are present.Some mechanical errors or
typos are present, but they are not overly distracting to the
reader. Correct sentence structure and audience-appropriate
language are used. Prose is largely free of mechanical errors,
16. although a few may be present. A variety of sentence structures
and effective figures of speech are used. Writer is clearly in
command of standard, written, academic
English.Format5.0%Paper Format (use of appropriate style for
the major and assignment)2.0%Template is not used
appropriately or documentation format is rarely followed
correctly.Template is used, but some elements are missing or
mistaken; lack of control with formatting is apparent.Template
is used, and formatting is correct, although some minor errors
may be present. Template is fully used; There are virtually no
errors in formatting style.All format elements are correct.
Documentation of Sources (citations, footnotes, references,
bibliography, etc., as appropriate to assignment and
style)3.0%Sources are not documented.Documentation of
sources is inconsistent or incorrect, as appropriate to
assignment and style, with numerous formatting errors.Sources
are documented, as appropriate to assignment and style,
although some formatting errors may be present.Sources are
documented, as appropriate to assignment and style, and format
is mostly correct. Sources are completely and correctly
documented, as appropriate to assignment and style, and format
is free of error.Total Weightage100%