R
Rancor
Guest
ok right now I am in an enviormental law class and me and my fellow study buddies are having a very hard time comming up with an answer to this one. any help (even a tiny little bit) is huge help to us!
Facts: ELECTROSTUFF produces electronic control mechanisms with some military applications in several facilities, one of which is located just outside the Waccamaw town limits on the Waccamaw River in North Carolina near the South Carolina line. Ammonia is one of the constituents and it is also a substance which can be mixed with other chemicals not produced at the site to create explosives. After September 11, ELECTROSTUFF instituted strict security measures at its plants to control access to the plants and to manage potentially harmful chemicals in its inventory.
Loading and unloading products is done at a central shipping area where large trucks are positioned near various hoses. VALVCO, based in Virginia, sells loading valves made in Sri Lanka using components manufactured by DICTATORMAKESEM and which were fitted to the equipment at ELECTROSTUFF. GENERAL WHEELS had built the special trucks, which had been inspected by the State, ELECTROSTUFF’s insurance company, and a team from ENVIROCO, quality control consultants, all during the month of December, 2002. The chassis of the truck was from Ford, customized by GENERAL WHEELS. The brakes had routine maintenance performed in January, 2003. No problems were found during the inspections or this maintenance, however.
On a chilly February night in 2003, Sam Specialist, one of ELECTROSTUFF’s supervisors, was one of the supply trucks. As Sam was driving on the road on company property, he thought he saw some movement off in the woods and stopped the truck. He radioed for security, then told Hal Holdinbag, an intern who had been riding along, to drive the truck the rest of the way. Meanwhile, Delta Upsilon Mu, a fraternity at nearby UNCW, was having a pledge initiation and beer bust on the company property - they had climbed over a fence on the perimeter of the facility which folks had been doing for years. There was wire on the top of the fence, but the members saw no “No Trespassing” signs.
Sam continued to watch the movement, which turned out to be action around the keg. Hal, meanwhile, driving the truck, saw two figures stagger across the road ahead and slammed on the brakes. The brakes grabbed, throwing the truck and trailer into a skid, which caused the trailer to flip off the causeway and into the wetlands adjacent to the river. Hal asked Sluggo, the ELECTROSTUFF security guard who arrived shortly, to help him close the loading valve but they could not get the valve on the tank to close completely. Liquid ammonia poured out and into the river, where it was carried over the border into South Carolina. Just over the border in South Carolina, Mr. Flowers, who owned a bed and breakfast in South Waccamaw, SC, smelled the fumes, saw something on the water’s surface, and suffered a broken leg and arm when he slipped on the river bank. On the way to the hospital, his ambulance and one carrying an unrelated auto accident victim collided, causing Flowers to suffer a broken hip.
Tourism is a major source of income for the town of South Waccamaw. National news prominently featured the story and, even though the ammonia caused few direct injuries, tourism that season was down about 30%.
To aid the military effort, the NC General Assembly had passed a law several years before the accident limiting liability for non-monetary damages from accidents involving military operations. The federal Clean Water Act specifies that the Act does not preempt state common law torts. A South Carolina law passed in 1994 requires that trucks on its roads be equipped with automatic shut-off valves which were not installed on the truck in question. The statute provides that a knowing violation is punishable by fine or imprisonment of up to five years in the state prison.
The statute of limitations for actions for personal injuries from incidents such as this under the federal law is 2 years; in NC it is 3 years and in SC it is 1 year. The statute of repose is 35 years in federal court and 20 years in South Carolina?
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ok, those are the facts, here are the questions
1. Mr. Flowers hires you as his attorney to file suit. Discuss every DEFENDANT Mr. Flowers should name and identify the theory(ies) against each defendant, briefly stating the basis for your selection. You may use an outline form, but give explanations for your recommendations, citing codes and cases if appropriate Be sure also to include any facts that must be supplied before you can make a complete recommendation (e.g., test results, etc.).
2. In what court would you elect to litigate the case for Mr. Flowers? Why?
3. As defense counsel, what specific discovery methods would you use to prepare to defend against Mr. Flowers’s claims and why? Discuss each specific type you would use and what you would be looking for.
Facts: ELECTROSTUFF produces electronic control mechanisms with some military applications in several facilities, one of which is located just outside the Waccamaw town limits on the Waccamaw River in North Carolina near the South Carolina line. Ammonia is one of the constituents and it is also a substance which can be mixed with other chemicals not produced at the site to create explosives. After September 11, ELECTROSTUFF instituted strict security measures at its plants to control access to the plants and to manage potentially harmful chemicals in its inventory.
Loading and unloading products is done at a central shipping area where large trucks are positioned near various hoses. VALVCO, based in Virginia, sells loading valves made in Sri Lanka using components manufactured by DICTATORMAKESEM and which were fitted to the equipment at ELECTROSTUFF. GENERAL WHEELS had built the special trucks, which had been inspected by the State, ELECTROSTUFF’s insurance company, and a team from ENVIROCO, quality control consultants, all during the month of December, 2002. The chassis of the truck was from Ford, customized by GENERAL WHEELS. The brakes had routine maintenance performed in January, 2003. No problems were found during the inspections or this maintenance, however.
On a chilly February night in 2003, Sam Specialist, one of ELECTROSTUFF’s supervisors, was one of the supply trucks. As Sam was driving on the road on company property, he thought he saw some movement off in the woods and stopped the truck. He radioed for security, then told Hal Holdinbag, an intern who had been riding along, to drive the truck the rest of the way. Meanwhile, Delta Upsilon Mu, a fraternity at nearby UNCW, was having a pledge initiation and beer bust on the company property - they had climbed over a fence on the perimeter of the facility which folks had been doing for years. There was wire on the top of the fence, but the members saw no “No Trespassing” signs.
Sam continued to watch the movement, which turned out to be action around the keg. Hal, meanwhile, driving the truck, saw two figures stagger across the road ahead and slammed on the brakes. The brakes grabbed, throwing the truck and trailer into a skid, which caused the trailer to flip off the causeway and into the wetlands adjacent to the river. Hal asked Sluggo, the ELECTROSTUFF security guard who arrived shortly, to help him close the loading valve but they could not get the valve on the tank to close completely. Liquid ammonia poured out and into the river, where it was carried over the border into South Carolina. Just over the border in South Carolina, Mr. Flowers, who owned a bed and breakfast in South Waccamaw, SC, smelled the fumes, saw something on the water’s surface, and suffered a broken leg and arm when he slipped on the river bank. On the way to the hospital, his ambulance and one carrying an unrelated auto accident victim collided, causing Flowers to suffer a broken hip.
Tourism is a major source of income for the town of South Waccamaw. National news prominently featured the story and, even though the ammonia caused few direct injuries, tourism that season was down about 30%.
To aid the military effort, the NC General Assembly had passed a law several years before the accident limiting liability for non-monetary damages from accidents involving military operations. The federal Clean Water Act specifies that the Act does not preempt state common law torts. A South Carolina law passed in 1994 requires that trucks on its roads be equipped with automatic shut-off valves which were not installed on the truck in question. The statute provides that a knowing violation is punishable by fine or imprisonment of up to five years in the state prison.
The statute of limitations for actions for personal injuries from incidents such as this under the federal law is 2 years; in NC it is 3 years and in SC it is 1 year. The statute of repose is 35 years in federal court and 20 years in South Carolina?
_____________________________________________
ok, those are the facts, here are the questions
1. Mr. Flowers hires you as his attorney to file suit. Discuss every DEFENDANT Mr. Flowers should name and identify the theory(ies) against each defendant, briefly stating the basis for your selection. You may use an outline form, but give explanations for your recommendations, citing codes and cases if appropriate Be sure also to include any facts that must be supplied before you can make a complete recommendation (e.g., test results, etc.).
2. In what court would you elect to litigate the case for Mr. Flowers? Why?
3. As defense counsel, what specific discovery methods would you use to prepare to defend against Mr. Flowers’s claims and why? Discuss each specific type you would use and what you would be looking for.