Reference no: EM134006531

Assignment:

CASE 1: Hiring Practices

Joe Clay, a nurse is hired sight unseen over the telephone by Home Again Nursing Home. Mr. Clay falsely stated in an employee application that he was licensed as an LPN. His licensure was not verified by the employer. He had committed 56 criminal offenses of theft. While at the
nursing home, he assaulted a resident and broke his leg.

For each of the case studies below, please answer the following questions.

1. What are the facts of the case?

2. Is this case a negligent tort, intentional tort, strict liability (products liability) or criminal?

3. If negligence tort, is it malpractice?

a. What standard of care is required?

b. Are all the elements required in a negligence suit present?

4. Who would you consider to be the potential plaintiff and defendant?

5. How would you argue for the plaintiff?

6. What evidence would you present?

7. How would you defend the defendant?

8. What are your defense options?

9. If you were on the jury, what would your finding/s be, based on only the facts as presented and the classroom discussion?

10. If you find the defendant responsible, what damages would you award, and for what reasons? If the award was provided in the case study, how much was the award and for what reasons?

11. What are your options if you, as plaintiff or defendant, are unhappy with the jury's decision.