Torts & Personal Injury

Torts & Personal Injury

Issue

Alan is claiming for personal injuries he suffered at the airport. He was late for his flight; therefore, is running on the airport as fast as he can. He did not see what was lying on the floor and slipped on the banana peel. He went sliding and hit his head on a metal counter. He suffered from a severe head injury and is claiming damages from the airport officials.

Rule

There are different rules that can be applied to this case. Keeping in mind the severity of the issue, it can be said that the case should be decided by means of summary judgment. Summary judgment can be explained as judgment that is entered by a court for one party and is against the second party. The judgment of the case is without a trial, because the matter is not serious and does not require a complete trial. There are certain bases on which the issues should be decided; therefore, it is not necessary that every case which cannot be heard will be resolved by means of summary judgment.

The purpose of a motion to dismiss under this statute is to provide litigants with a method of disposing of issues of law and easily proved issues of fact at the beginning of a case, reserving disputed issues of law for trial, if necessary.

There are different aspects when it comes to solving a case of personal injury. If there is diversity in a case, it is dealt in a completely different manner. In addition to the statutory law, the state common law should also be applied. In the case Erie Railroad Co. v. Tompkins, the railroad company was responsible for ensuring safety of the people walking nearby. This is a case of negligence on the ...