Case Scenario:
Read the scenarios given below and explain the best solution to each. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source or one case that has been decided or is currently pending to support your answer.
Scenario 1-Torts and Product Liability
On her way home from work one night, Anna Fender stopped at a pub called Tequila Mockingbird. After leaving the pub, Fender drove her 2013 Toyota Camry into a tree at a speed of approximately 35 miles per hour. When the car struck the tree, the passenger compartment collapsed and Fender was seriously injured. Her blood alcohol content was 0.08%. The investigation also discovered that she had been texting at the time of the accident. Fender brought a strict product liability action against Toyota on the grounds that the car was not crashworthy. She also filed suit against the pub for selling her the alcohol.
- Identify and summarize the statutes related to driving under the influence (DUI) and texting while driving in your state.
- Provide the arguments that each party (Fender, Toyota, and the pub) will make at trial.
- Explain how the court should rule. Provide support for your decision.
Scenario 2-Torts
Kenny's physician, Dr. Carver, wrote a prescription for pain medication and cautioned Kenny not to drive or operate heavy machinery while taking the medication. Kenny took the prescription to the drive-in window at the local CVS pharmacy. The pharmacy was busy and understaffed at the time, and the technician failed to include information about adverse reactions associated with taking the medication. Kenny took a pill upon leaving the pharmacy and made another stop at the grocery store. After leaving the store, Kenny failed to stop at a stop sign, and hit another car, injuring the driver of the other car and a passenger.
Using the textbook, the laws of your state, and other scholarly sources, explain the potential lawsuits and the probable outcomes for the lawsuits filed by the driver against Kenny, Dr. Carver, and CVS.
Scenario 3-Employment
Conway Catering, located in central Arkansas, specializes in providing food and other wedding services. The business is privately owned and has six employees. Phoenix, a fifty-five-year-old lesbian, applied for the position of event services coordinator and was denied the position. Phoenix was highly qualified, with many years of experience in event planning. Sara Jane, a twenty-two-year-old college student and member of the owner's church, was hired.
- Research the state laws on nondiscrimination in Arkansas and your state.
- On the basis of federal law and Arkansas state law, what is the probable outcome of a lawsuit based on sexual orientation discrimination?
- On the basis of federal law and Arkansas law, what is the probable outcome of a lawsuit based on age discrimination?
- Would the outcome of a lawsuit based on sexual orientation discrimination be different if the catering company was located in your state?