Viper's Den v. Jim Morriston Essay Example | Topics and Well Written Essays - 1500 words

Vipers Den v. Jim Morriston - Essay ExampleUnfortunately, the coffee was non wiped out on time because flare pass attended to a phone call in advance cleaning it up. Jim Morriston was just through with his lunch and had conn two beers with it when he saw bourgeon and ran over to greet him. Jim Morriston did not see the coffee slough on the floor and neither did he see the bright yellow caution sign that warned of the slippery floor. As he was running towards Flash, he slipped and swing very heavily on the floor as a result of the coffee that had spilled on the floor. As he fell on the floor, he try to support himself with his hands and ended up fracturing his arm in two places. As a result of this incident, Jim Morriston had to undergo surgery and he ended up spending two days in hospital so that he would be treated of the injuries he sustained from the fall. When Jim Morriston returned to Wyoming, he decided to sue Flash for negligence that led to the fall. A statement of t he issues to be decided The major issues that need to be decided include whether or not Flash has to challenge the case in Wyoming. Another major issue is whether Jim Morriston has a legitimate case of negligence over Flash and the Vipers Den. In the first issue, Jim Morriston has sued Flash in Wyoming for neglect that led to his fall. He has gone to court right after he returned to his area of residence in Wyoming and has claimed the Flash neglected cleaning wiping off the coffee from the floor which resulted to the injuries and distress that he has today. Since the case is already in court in Wyoming, Flash needs to decide whether he has to sue the case in Wyoming or not. Flash is of the idea that the state courts in Wyoming are not the proper jurisdiction for this particular type of case. He wherefore has to decide whether he will proceed to litigate the case in Wyoming or he will challenge that decision made by Jim Morriston to take the case to the state courts at Wyoming. An other issue that needs to be decided is whether Jim Morriston has a legitimate case of negligence over Flash and the Vipers Den. It has to be decided whether Jim Morriston was the one on the wrong for having taken two beers at lunch. It has to be decided whether the beers that Jim Morriston had taken impaired his sight, reasoning and actions to such an issue that he was not able to see the big bright yellow sign. The coffee spill should have been dealt with immediately so as to avoid both unnecessary accidents from occurring. However, had Jim Morriston been in his right state of mind, there would be higher chances that he would have seen the bright yellow sign and take caution to hamper him from falling. These major issues in this case therefore need to be decided in an attempt to resolve the case and come up with viable and well-grounded solutions to the case at hand (Mallor, Barnes, Bowers & Langvardt, p. 340). Legal arguments that Flash can make against the case being litigat ed at Wyoming Flash can legally argue that if the inform incident took place in Bozeman, then Jim Morriston should have sued him in a court in Bozeman and not in Wyoming. Flash can argue that he does not do any business in Wyoming and the case would therefore lack objectivity if it was to be heard there. The state courts at Wyoming are not the proper jurisdiction for this type of case. The incident that is being reported tool place in a completely different