Case Brief

The Superior Court of Philadelphia County affirmed and Plaintiffs Appealed. The Supreme Court of Pennsylvania affirmed. Issue: Did Defendant owe Plaintiff, at the time of the accident, a duty of care when Plaintiff was one mile away from the scene of the accident? Holding: Where a close relative is not present at the scene of the accident and instead learns of the accident from a third party, the prior knowledge learned of the accident serves as a buffer against the full-fledged impact of observing the accident scene. Disposition: Order affirmed. Legal Rationale: Plaintiffs argues recovery under the â€Å"reasonably Foreseeability† test, which would allow a Plaintiff outside the â€Å"Zone of Danger† to recover, which was adopted in Sinn v. Burd, 486 Pa. 146 (1979). The Court stated in response that the Plaintiff’s flexible interpretation of the â€Å"jurisprudential concept †¦which require[s] that the defendant’s breach of a duty of care proximately causes plaintiff’s injury,† was flawed. Moreover, that â€Å"at some point along the causal chain, the passage of time and the span of distance mandate a cut-off point for liability. † Id. Justice Nix, quoting Justice Andrew’s dissent in Palsgraf v. Long Island R. R. , 248 N. Y. ,352 argued public policy cannot allow the Defendant to be responsible for every unforeseeable proximate cause that consequently results from of the Defendant’s negligent conduct. Justice Nix admittedly quotes Sinn v. Burd, 486 Pa. , that â€Å"the defendant did owe a duty of care to the bystander†¦Ã¢â‚¬  However, he also notes â€Å"[f]oreseeability enters into the determination of liability in determining whether the emotional injuries sustained by the plaintiff were reasonably foreseeable to the defendant. † Mazzagati at. 75. Justice Nix asserts that the Court has adopted the Dillon v. Legg, 68 Cal. 2d 728 () parameters in determining whether the claim for Negligent Infliction of Emotional Distress was reasonably foreseeable. Justice Nix, moreover, quotes that the progression of the law and public policy reveals that: ‘[O]nly a few jurisdictions recognize th e right of the plaintiff witness who did not suffer an impact, was not in fear of his own safety, and those jurisdictions require that the severe emotional distress to the plaintiff result from the direct and contemporaneous observance of the accident. Mazzagati at. 276. Nix favors an obligation definition of â€Å"duty† as opposed to a â€Å"causal sequence of events. † Mazzagati at. 278. In summation, Justice Nix held that the Defendant’s conduct was not negligent because it did not involve an invasion of the Plaintiff’s legal right, therefore making the claim unactionable. [ 1 ]. In Dillon, it was held that a cause of action is stated when the following criteria are met: (1) Whether the plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it; (2) Whether the shock resulted from a direct emotional impact upon the plaintiff from the sensory and contemporaneous observances of the accident, as contrasted with learning of the accident from others after its occurrence; and (3) Whether plaintiff and the victim were closely related as contrasted with an absence of any relationship or the presence of only a distant relationship.

Emergence of Crime Prevention and Community Safety in the Context of t Essay

Emergence of Crime Prevention and Community Safety in the Context of the Crisis of Governance That Afflicted the UK during 1970 and 1980 - Essay Example Representations of crime and punishment offer, in varying measure, titillating glimpses of the seductions of deviance, moral boundary maintenance and an anxiety-arousing frisson of fear. It is further mentioned that election campaigns did not mention crime as an important issue until 1970 when Margaret Thatcher developed law and order into a major arena of ideological conflict. Thus it is evident that the UK had realized the importance of community safety and crime prevention during the late 1970’s which prompted the government to chalk out policies and framework for crime prevention. This paper examines the emergence of crime prevention and community safety in the context of the ‘crisis’ of governance that afflicted the United Kingdom during 1970 and 1980. Reiner (2000, p.81) mentioned that the increases in recorded crime levels were fuelled further after the mid-1970s by the consequences of the fundamental shift in the political economy represented by the return of free market economies and the deregulation of an increasingly globalized market. It is further mentioned that the consequences of crime and social cohesion are enormous because of the widening of social divisions, and growth fo social exclusions. As social exclusions, economic, insecurity and inequality grew; the motives and opportunities of crime multiplied and the restraining effects of both formal and informal social controls are eroded. Dingwall and Davenport (cited in Fennell, 1995, p. 21) mentioned that the United Kingdom today faces a problem of crime which could not possibly have been forecast at the end of the Second World War. It is further stated that crime rate increased from 50,000 reported crimes in 1950 to 1.6 million in 1970 which further increased to 2.5 mi llion in 1980. It is further stated in a comparative study by Biles that in the period between 1960 and 1979 the recorded crime rose by 177 percent in England and Wales (Fennel, 1995, p27).     

Reflection Essay Example | Topics and Well Written Essays - 250 words - 89

Reflection - Essay Example Moreover, we chose a crew chief Eric who gives each one different task. The team leader writes down the requirements’ for me and responds to questions discussed while finding solutions. This is more efficient in this course because, for example, someone who do not know how to cut the handgrip from the racket, we can solve it together. I am not good at writing; the team leader helps us to fix the grammar. Consequently, I am unable to achieve the primary objective of Senior Design Projects, utilize knowledge as a senior student, and perform an important open-ended design project. The object of this project is to improve the treatment method for the patient that needs a lot of professional knowledge. For example, we need to design games for this project and still I have not learned how to compile a complete 2-D game. However, for the 3-D design, I can use Abaqus CAE, which I learned, from Miami University to develop the initial model for the handgrip. I also used the knowledge from physics class to cut the handgrip from the rocket (Marshall 1). The course achieved the Miami Plan requirements for a capstone experience. It provided a real business environment while doing the project. First, we need to understand context by defining and considering the boundary of the problem through conducting research and considering realistic constraints. The limitations include technical and economic factors, social implications, and environmental considerations. Secondly, thinking critically by solving open-ended problems, establishing objectives and criteria by brainstorming ideas and alternatives. Finally, we need to communicate designs and results effectively with Birkdale Pediatric and Neuro Clinic. For this project, I have limited professional knowledge such as neural therapy. Besides, I never contacted the neural therapy before I entered the Birkdale Pediatric and Neuro clinic. Real business industrial environment, designers improve the function