• Messa (P) V. Sullivan & Keyman’s Club (D, a)

In: Other Topics

Submitted By melody111
Words 1735
Pages 7
Title
• Messa (P) v. Sullivan & Keyman’s club (D, A)

Citation: what court or reporters
• Court: Appellate Ct of IL, First District, First Division
• Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872

Author: judge
• Judge Burman

Facts:
• P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt.
• There are signs on the exterior and on a bldg directory in the lobby.
• No notices that the 5th fl is used as a residence and not for commercial or business purposes.
• Automatic elevator for all the floors accessible as one entered the bldg from Madison Street and walking through bldg lobby passing bldg office(left side).
• June 12, 1961, P (deaf mute) entered bldg about 2 pm for the purpose of selling printed cards depicting the deaf and dumb alphabet. Her first time at the bldg. P passed the bldg’s office where a woman was sitting, took the elevator to the 5th fl. The door of the elevator opened automatically at 5th fl but she had open (swung outward) a second door (said heavy). P turned left toward the apt door. At that point, D’s dog ran out of the door and jumped on the P. P testified, "... the dog bit me on the leg, and he bit me on the body, and he bit me on the arm, and I tried to cover my face. And the dog was big, and the dog was bigger than I was, and he was on top of me, and three times he bit me."
• The plaintiff stated that she finally managed to get back to the elevator and to ride down to the lobby where she told the woman at the switchboard what had happened.
• P’s exhibit #1: a…...

Similar Documents

Case: United States of America V. Angevine [1], P. 1026

...Case: United States of America v. Angevine [1], p. 1026 Facts: Oklahoma State University provided Professor Eric Angevine with a computer linked to the university network, and through it to the Internet. Angevine used this computer to download over 3,000 pornographic images of young boys. After viewing the images and printing some of them, he deleted the files. Tipped off by Professor Angevine’s wife, police officers seized the computer and turned it over to a police computer expert who retrieved the pornographic files that the professor had deleted. The Oklahoma State University computer policy states that: • The contents of all storage media owned or stored on University computing facilities are the property of the University. • Employees cannot use University computers to access obscene material. • The University reserves the right to view or scan any file or software stored on a computer or passing through the network, and will do so periodically to audit the use of University resources. The University cannot guarantee confidentiality of stored data. • System administrators keep logs of file names, which may indicate why a particular data file is being erased, when it was erased, and what user identification has erased it. The trial court held that federal agents did not need a warrant to search Professor Angevine’s office computer because he had no expectation of privacy. The judge sentenced him to fifty-one......

Words: 711 - Pages: 3

Messa V. Sullivan Court of Appeals, 1965. 61 Ill.App.2d 386, 209 N.E.2d 872

...Handout #2 Brief Training Materials for Fall 2012 Messa v. Sullivan Court of Appeals, 1965. 61 Ill.App.2d 386, 209 N.E.2d 872. BURMAN, PRESIDING JUSTICE. Betty Messa brought this action against James Sullivan, Helen Sullivan and the Keyman's Club, an Illinois not for profit corporation, to recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the "Dog Bite Statute" (Ill.Rev.Stat.l963, ch. 8, § 12d). The parties waived a jury and the case was tried by the court. On the common law count, the trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. On the statutory count, however, the court concluded that the plaintiff should recover and therefore he entered judgment awarding the plaintiff damages only against James Sullivan and the Keyman's Club in the amount of $3,000. From this judgment these two defendants appeal. They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that...

Words: 5896 - Pages: 24

Case 36.1, Garden City Boxing Club, Inc. V. Dominquez

...Case 36.1, Garden City Boxing Club, Inc. v. Dominquez, page 707 1.  What if the facts were different? If Mundelein had identified itself as a residence when ordering the satellite system, how might the result in this case have been different?  If Mundelein would have identified itself as a residence instead of a business, Mundelein would have had to pay GCB instead of Luis Dominguez.  They would have committed fraud as a business and would have been liable to either pay GCB themselves or pay back Luis Dominguez as he should have noticed it was a business and not a residence at the time of hook up.    2.  The global dimension. Because the Internet has made it possible for sole proprietorships to do business worldwide without greatly increasing their costs, should they be considered, for some purposes, the equivalent of other business forms? Why or why not? As a sole proprietor, they should be treated as such.  No matter the business and problems that may arise, the sole proprietor is still responsible for everything that happens, in whatever country.  A franchise is separate between owners across the country, while a sole proprietor would own his one business. What If The Facts Were Different? If Mundelein had identified itself as a residence when ordering the satellite system, how might the result in this case have been different?   If this occurred, it would likely switch the liability from Antenas Enterprises to Mundelein, since Mundelein would be attempting to......

Words: 912 - Pages: 4

Lewis V. D. Hays Trucking, Inc.

...Lewis v. D. Hays Trucking, Inc. This case revolves around the liability of principals, agents, and independent contractors. The question is whether D. Hays Trucking Inc. is an employee of Hercules Inc. or is D. Hays Trucking Inc. an independent contractor? Once that question is answered, the court case becomes very clear of who is responsible for the damages caused by an accident. Here is the facts and background of the case. Hercules Inc. is large chemical corporation that has operations in Brunswick, Georgia. Hercules gathers tree stumps from various locations and parties. These tree stumps are taken to their plant in Georgia and processed. They extract a resin from the tree stumps and they in turn sell this resin to other manufacturers. D. Hays Trucking Inc. is owned and operated by Dexter Hays. According to Cheeseman (2012), Dexter Hays handled the following responsibilities: * Hired its own truckers and other employees * Paid for its employees’ workers’ compensation coverage * Paid for the company’s liability insurance * Withheld federal and state taxes from employees’ paychecks. Hercules and Hays entered into a contract. Hays would use a bulldozer to push stumps out of the ground. He would then deliver them to Hercules processing plant in Georgia using his own trucks. The contract between Hays and Hercules stated: It is understood that the Contractor is an independent contractor and that the Contractor will perform all work and......

Words: 833 - Pages: 4

Antisocial P D

...Avoidant personality disorder, or Schizoid personality disorder. "ASPD" redirects here. For the sleep disorder, see Advanced sleep phase disorder. For the former trade union, see Amalgamated Society of Painters and Decorators. Antisocial personality disorder | Classification and external resources | ICD-10 | F60.2 | ICD-9 | 301.7 | MedlinePlus | 000921 | MeSH | D000987 | Personality disorders | Cluster A (odd) | * Paranoid * Schizoid * Schizotypal | Cluster B (dramatic) | * Antisocial * Borderline * Histrionic * Narcissistic | Cluster C (anxious) | * Avoidant * Dependent * Obsessive–compulsive | Not specified | * Depressive * Passive-aggressive * Sadistic * Self-defeating | * v * t * e | Antisocial (Dissocial) Personality Disorder is a personality disorder characterized by a pervasive pattern of disregard for, or violation of, the rights of others that begins in childhood or early adolescence and continues into adulthood. There may be an impoverished moral sense or conscience and a history of crime, legal problems, impulsive and aggressive behavior. The American Psychiatric Association's Diagnostic and Statistical Manual (DSM) and the World Health Organization's International Statistical Classification of Diseases and Related Health Problems' (ICD) (F60.2 Dissocial personality disorder.[1]) have similar but not identical criteria. Both have stated that their diagnosis has also been known as......

Words: 2150 - Pages: 9

Against Dualisms: a Response to Henry Sullivan*

...Dualisms: A Response to Henry Sullivan* HOWARD MANCING n a recent essay entitled “Don Quixote de la Mancha: Analyzable or Unanalyzable?” published in this journal, Henry W. Sullivan makes the case for the psychoanalysis of literary characters. While there is much to ponder in Sullivan's essay, there are two points, both involving dualisms, that I would like to discuss. In the first case, Sullivan argues insightfully and convincingly against an absolute distinction between how we know and think about fictional characters and how we know and think about real people. In the second case, however, Sullivan insists on an absolute (Cartesian) mind-body dualism as a cornerstone of psychoanalytic theory. I would like to repeat and extend Sullivan's argument in the first case, but refute it and deny its validity in the second. First dualism: Fact/Fiction Sullivan cites as representative of a certain widely-shared approach Maud Ellmann's insistence that there is an important distinction between a “human being made of flesh and character made of words” (5), a distinction that allows us to make one kind statement about the former but not the latter. Ellmann is not alone in making the real-life/fictional distinction a fundamental matter of ontology. We are all familiar with arguments like hers, having heard * For a response to this response, see “Don Quixote & the ‘Third Term’ as Solvent of Binary Dualisms: A Response to Howard Mancing”, by Henry W. Sullivan, Cervantes 19.1......

Words: 7711 - Pages: 31

V. P. of Operations

...suffered huge losses. General Motors, one of the biggest automobile manufacturers in the world, took a major blow when the bottom fell out of the automobile industry. In the last five years, the company has been under major scrutiny because of poor decisions that led the automaker to ask the government to bail it out and save it from financial ruin. After receiving a financial bailout, the company needed to reevaluate the operation of the company. It is the vice president of operations’ responsibility to ensure that the company can recover and remain in business. Operations management is responsible for the planning, coordinating and the control of a company’s resources which are used to produce a good or service (Reid & Sanders, 2012, p. 3). The vice president is the head of this department and manages lower level employees who directly complete the tasks necessary to operate the company. As the head of this division, the vice president must ensure that the operations division is operating in a manner that is aligned with the organization’s operational strategy. After a thorough review of General Motors’ operational strategy it was determined that there has been a shift in the operation of the company that has caused it to stray away from the company’s original strategy. In particular, General Motors operational strategy involved operational efficiency. Part of General Motors operational strategy is to develop quality products and create a self-sustaining cycle of......

Words: 1014 - Pages: 5

Eanna Sullivan

... CURRICULIM VITAE Curriculum Vitae Éanna Sullivan Personal Details: Name: Eanna Sullivan Address: The Strand, Walshestown, Mullingar, Co. Westmeath Email: sulvan.1@gmail.com Telephone: 0873650784 Date of birth: 26th September 1995 Education: 2001-2008 St. Kennys NS Ballina, Mullingar, Co. Westmeath. 2008- Present Mullingar Community College, Millmount Rd., Mullingar, Co. Westmeath | | |Junior Certificate 2011 | |Subject |Level |Grade | |English |Higher | C | |Gaeilge |Higher | D | |Maths |Ordinary | C | |History |Higher | C | |Geography |Higher | D | |Science ......

Words: 3034 - Pages: 13

B R a N D P L a N N I N G

...B R A N D P L A N N I N G 1 < CONTENTS PAGE CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Chapter 1 BRAND POSITIONING MODEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Chapter 2 BRAND RESONANCE MODEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Chapter 3 BRAND VALUE CHAIN MODEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 B R A N D P L A N N I N G 5 INTRODUCTION Great brands are no accidents. They are a result of thoughtful and imaginative planning. Anyone building or managing a brand must carefully develop and implement creative brand strategies. To aid in that planning, three tools or models are helpful. Like the famous Russian nesting “matrioshka” dolls, the three models are inter-connected and become larger and increasing in scope: The first model is a component into the second model; the second model, in turn, is a component into the third model. Combined, the three models provide crucial micro and macro perspectives to successful brand building. Specifically, the three models are as follows, to be described in more detail below: 1. Brand positioning model describes how to establish competitive advantages in the......

Words: 20686 - Pages: 83

Judaism J, P, D, E

... The Documentary Hypothesis was created by Julius Wellhausen in 1878, and it was used to explain the different groups of people, and ways the Torah was written and edited. There are four different groups within this theory that consist of the J, E, D, and P’s (Coogan, 43). At first it started out with the problem of timing for the different names of God that the J’s and E’s focused on. The J’s were the Yahwist; claiming to the idea that the name Yahweh starts from the begging, in Genesis. The E’s were the Elohist; with the idea that the name Elohim is what starts at the begging of the Torah, and it is not until God reveals His name, Yahweh, to Moses in Exodus that Yahweh becomes the main name for God. After the J’s and E’s there are the D’s and P’s to be considered. The D’s shortened for Deuteronomic focused more on the book of Deuteronomy and its contents. The P’s were the Priestly group focusing more on the ideas and concepts of law, rituals, and other such matters. The four divisions are divided into J, E, D, and P; some having a few similarities, but it is the differences that make them unique. The Yahwist, or the J’s, being one of the oldest groups, have a unique idea of God, giving him anthropomorphic qualities, and focusing on the images and ideas the Torah gives of God having these human like mannerisms; as in the Garden of Eden when he forms the humans, walks with them, and talks to them there is a personal closeness. The J’s also focus more on the area of Judah......

Words: 751 - Pages: 4

S & D Petroleum Co., Inc. V. Tamsett

...owed plaintiff by one of its customers, C & H Trucking, Inc. (hereinafter C & H). Defendant prepared a security agreement naming C & H and Charles and Carolyn Waltz, two individuals involved in the trucking concern, as the debtors and giving plaintiff a security interest in a 1984 Mack truck. Typed language, added to the preprinted form, provided that the debt with interest was payable as follows: "Cash on all oil deliveries plus $500.00 payment on account upon delivery of product to the debtor." This was followed by printed language in the form declaring that the collateral also secured "any other indebtedness or liability of the [d]ebtor to the [s]ecured [p]arty direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, including all future advances or loans which may be made at the option of the [s]ecured [p]arty". The security agreement was executed but defendant failed to perfect it by filing (see, UCC 9-302 [1]). C & H subsequently paid off the debt and for a time had a credit balance with plaintiff. However, by March 1986 when plaintiff learned that the debtors were insolvent, that the Mack truck had been sold and that the debt was unsecured, the outstanding balance due from C & H exceeded $17,000. Although the Waltzes appear to be effectively judgment-proof, defendant has proceeded on plaintiff's behalf against a third individual associated with C & H as either a principal or guarantor. In the meantime, plaintiff commenced......

Words: 709 - Pages: 3

Dayan V. Mcdonald’s Corp. (P. 9)

...Dayan v. McDonald’s Corp. (p. 9) The client: McDonald’s Corp Background of the case: McDonald's gave Dayan an exclusive franchise to operate McDonald’s restaurants in Paris, France. McDonald’s required Dayan adhere to all quality, service, and cleanliness standards set by McDonald’s, Dayan agreed. The parties made an agreement which stated the reason for Dayan must maintaining QSC standards was that a “departure of restaurants anywhere in the world from these standards impedes the successful operation of restaurants throughout the world, and injures the value of [McDonald’s] patents, trademarks, trade name, and property.” Dayan promised he would not in violation of the standards unless he got prior written permission from McDonald’s. But McDonald’s found Dayan violated these standards for several years, so it wanted to terminate the franchise. Then Dayan filed a lawsuit to enjoin the termination. Identifying the client’s problem: McDonald’s rendered Dayan an exclusive franchise, and required Dayan comply with QSC standards; Dayan agreed. McDonald’s found Dayan in violation of these regulations, and sought to terminate the franchise; Dayan filed a lawsuit, wanted to enjoin the termination and one of the justifications was that McDonald’s was obligated to provide him with the operational assistance necessary to enable him to meet the QSC standards, but it did not. What things McDonald’s should do in order to avoid such kind of cases. Four alternative courses of......

Words: 1500 - Pages: 6

Sierra Club V. Morton Case Brief

...SIERRA CLUB v. MORTON Supreme Court of the United States, 1972. 405 U.S. 727, 92 S. Ct. 1361, 31 L.Ed.2d 636. Facts of the Case • Plaintiff sues Town of Clarkstown, N.Y. for flow control ordinance requiring all nonhazardous material to be deposited in local transfer station; thus infringing on the Commerce Clause of the U.S. Constitution. • The Commerce Clause is a grant of power to Congress that invalidates local laws that impose commercial barriers or discriminates against an article of commerce by reason of its origin or destination out of State. • The Defendant, Town of Clarkstown, N.Y., closed down its landfill and built a transfer station in order to comply with environmental regulations. A local private contractor was hired to build said transfer station, operate it for 5 years, after which the town would buy it for $1. The size of the facility was based on the amount of trash taken to the transfer station each year. The hauler of each waste was required to pay an $81 “tipping fee” for each ton of waste taken to the transfer station; this was done in order to repay the cost of the transfer station to the contractor. In order to ensure that the guaranteed yearly amount of trash was taken to the transfer station the town adopted the flow control ordinance, Local Law 1990, No. 9, which required all nonhazardous solid waste within the town to be deposited at the new transfer station. Local Law 9 also prohibited individual haulers from taking their trash...

Words: 416 - Pages: 2

Messa V Sullivan Citation

...Betty Messa brought this action against James Sullivan, Helen Sullivan and the Keyman's Club, an Illinois not for profit corporation, to recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the 'Dog Bite Statute' (Ill.Rev.Stat. 1963, ch. 8, § 12d). The parties waived a jury and the case was tried by the court. On the common law count, the trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. On the statutory count, however, the court concluded that the plaintiff should recover and therefore he entered judgment awarding the plaintiff damages only against James Sullivan and the Keyman's Club in the amount of $3,000. From this judgment these two defendants appeal. They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully present on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that the amount of the damage award is not supported by the evidence. The plaintiff suffered her injuries in the Keyman's Club building, 4721 West Madison Street in the City of Chicago. Located on the lower level and on the first......

Words: 492 - Pages: 2

The Life of P-E Von L-V

...Deutschland zurück und wurde als Held empfangen. Er war die höchste militärische Auszeichnung gegeben. Obwohl er ein ergebener Nationalist war, wurde er nie ein Nazi und er weigerte Hitlers Einladung um Botschafter in London werden. Er verlor seine beiden Söhne in den Zweiten Weltkrieg, aber es gelang ihm, im Alter von 94 am Leben zu bleiben. Nicht lange vor seinem Tod, ging Von Lettow-Vorbeck zurück nach Afrika, wo er mit offenen Armen empfangen wurde. 490 Wörter References Duane Koenig. (1970). A note on world war I: General paul von lettow-vorbeck in german east africa. Military Affairs, 34(1), 14. General von Lettow-Vorbeck, & Edward P. Davis. (1924). Meine erinnerungen aus ostafrika. Journal of Negro History, 9(3), 365-367. Lettow-vorbeck, paul von.(2009). Columbia Electronic Encyclopedia (6th Edition), 0, p1-1p. Rooney, D. (1999). A german guerrilla chief in africa. History Today, 49(11), p28-7p....

Words: 511 - Pages: 3