Smith and Jones Lawsuit
Smith and nephew lawsuits are based upon the wrongful death of the third cousin of John Smith. John Smith was a laborer in the employ of another individual named Robert Smith, who worked for a metal liner manufacturer in Los Angeles. During a routine inspection of the metal frame of the garage door of Smith’s home, as was customarily done at that time, Robert Smith saw in the frame what appeared to be metal liners of some sort strapped to the frame.
Smith and Nephew Lawsuit
When this discovery was made by John Smith, he immediately called his brother, Robert, who in turn called the police, reporting that there had been a violent death and that there were several children present in the home during the altercation.
The police showed no sympathy for the situation and advised the brothers to call an attorney. Instead of calling an attorney, John and Robert Smith called their grandmother, Mrs. Smith, who then made the fatal mistake of telling the police officer that she could not see any injury due to the metal liners. This comment caused Mrs. Smith to have a heart attack and passed away later that day.
Mrs. Smith also told the arresting officers that her son had told her that the metal lining on the garage door was like “comfort eaters”.
This comment caused the injuries sustained by her son to remain unchanged from the original injury sustained six years prior when John Smith had fallen down the stairs of his home while attempting to remove heavy weights from the back of a moving van.
The injuries sustained by John Smith from this accident were not limited to his neck and back, as he also suffered bruising all over his chest and arms. As a result of being unable to move from his chair in the home, John Smith underwent surgery and spent several months in the hospital.
There were no prior incidents of metal liners causing injuries prior to this incident, which is one reason this lawsuit was brought against Smith and his nephews.
It should be noted that the metal lining was not in place at the time of the incident, which is another reason this lawsuit was brought. The plaintiff’s case was originally filed in the county of Texas, but the plaintiff now wishes to move this lawsuit to Florida, because of the statute of limitations in that state.
Regardless of the case location, there are many factors which must be considered before filing a lawsuit.
Plaintiffs filing these types of lawsuits must prove three important things:
- There was a personal injury.
- There was negligence on the part of the defendants in that they allowed the vehicle to travel with a defective engine.
- Tthe injury was sustained as a direct result of the defendant’s conduct. The claim must also establish the claim is an “inextricable inference” from the facts of the case. All three of these requirements are to be satisfied before a court will entertain the case.
Once all of these requirements have been met, there is one other requirement that must be met in order for the claim to go forward. The claimant must be able to prove that the Smith and nephew accident was the result of the negligence of the defendants. The plaintiffs’ evidence in this regard can consist of many different things, such as a police report, a police tape of the accident, or witness testimony. No matter what the evidence in this regard may be, it must be shown that the negligent act or omission caused or contributed to the accident.
