Kelly Niles v. City of San Rafael Case (1973)



Table of Contents

Introduction1

Discussion2

Arguments5

Jury5

Tort7

Conclusion8

Kelly Niles v. City of San Rafael Case (1973)

Introduction

The paper focuses on the California Case Law that is Niles v. City of San Rafael. The paper investigates the significant and comprehensive finding of this case. The case is related to the medical ethics and negligence. The paper will elaborate the happenings of the case and the court decision according to the different law considerations. These are the following individuals in the case. Kelly Niles is a minor and Plaintiff and has petitioned against City of San Rafael that is Defendant, Cross Complainants and it also includes MT. Zion Hospital that is also Defendant. Dr. Haskin is also defendant and he is also accused for his negligence.

Kelly Niles is a minor and his father David F. Niles has sued and taken amount in judgment $4,025,000 in opposition to the City of San Rafael, San Rafael School, Mt. Zion Hospital, and Doctor David Haskin. The case was filed in the court and taken judgment of amount for the injuries that are permanent and incapacitated. Over two public entities those who are cross complaints it was taken decision that these two entities will bear the amount of $25,000. The remaining amount should be assessed in opposition to the medical defendants.

The medical defendants bear the amount of 2,000,000 initially in the half payment settlement. The attorney fees was already decided and fixed on the basis. The court also charges some payments additionally on the subsequent payments. The two public entities appealed but the medical defendant perseveres in attacking the judgment.

Before discussing the case it important to understand the negligence and tort as this case has several acts of negligence that will be identified and discusses. Negligence is an unintentional tort claim in the legal system that can be defined as a failure to act with reasonable care, and results in injury to another person (Paola, Frederick, 2010). Negligence is one of the foremost issues in the civil system, recreation, and physical activity. It represents a substantial source of liability for civil system, organizations, and the general public. Negligence can occur in many different forms, and it is incumbent upon judicial system to be aware of and understand the elements of negligence, in order to limit liability and create a safer environment for the general public (Pozgar, 2009).

Negligence can be thought of as carelessness; by definition, it does not involve intent to injure or cause harm. Negligence can take many different forms, including negligent conduct, negligent supervision, negligent instruction, negligent hiring, and negligent retention. Negligence may either be an act of omission or commission, meaning that it can occur when a person does something they should not have done or fails to do something they should have done. This principle highlights 'Duty of Care' principle by the Law Courts. In this case, Kelly has faced negligence from San Rafael School, Mt. Zion Hospital San Francisco, and Dr. Haskin that is discussed in the ...