Reference no: EM133424007
Case Study: Homer Simpson slips and falls in Moe's Tavern located in Winter Haven, Florida, on a wet spot where Barney Grumble had spilled a glass of Duff Beer, seriously injuring his back and causing him to lose a month of work as a safety inspector at Springfield Nuclear Power Plant in Springfield, Florida at the eastern edge of Polk County. Homer undergoes surgery and his medical bills total $50,000.00. He also loses time at work costing him $10,000.00 and experienced pain and suffering. Homer hires Lionel Hutz, Esq. to file a lawsuit against Moe's Tavern, its owner, Moe Szyslak, and bartender, Barney Grumble. After the lawsuit is filed, and after he has been discharged from the hospital, Homer visits Moe's Tavern and is punched in the nose by Barney Grumble, causing a bloody nose. The bartender is charged with the misdemeanor crime of Battery under Florida law.
Questions:
1. a. In what Florida court would Hutz file a complaint for money damages on behalf of Homer suing Moe's Bar, Moe Szyslak, and Barney Grumble on Homer Simpson's behalf? Explain why. b. In what Florida court would the criminal charge against Barney Grumble be filed? Explain why.
2. a. In the civil action, who would be the plaintiff and who would be the defendants?
b. In the criminal action, which governmental agency would prosecute the charge?
3. Describe the litigation process that would follow the filing of the complaint by Mr. Hutz on Homer Simpson's behalf in the civil case. In preparing your answer, also indicate what information Mr. Hutz would have included in the complaint.
4. What other actions might the parties take to resolve the legal dispute between Homer Simpson and Moe's Bar, its owner and bartender.
5. Assume Homer wins his case and is awarded $100,000 in damages. Moe's Tavern appeals the award and argues the award should be reversed.
(A). In what Florida court would this appeal be filed?
(B). On what grounds might an appeals court reverse a trial court's findings with respect to questions of fact?
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