HIT 2103 - Legal Aspects of Health Information

Review each of the scenarios and identify: (a) the parties (plaintiff and defendant); (b) the area of law addressed (e.g., contract, nonintentional tort, etc.); and (c) the legal theory relied upon (e.g., false imprisonment, negligence, etc.).

A.  Acme Publishers recently published a book about prominent leaders in the southeast region of the United States and included a profile of Mr. T. A. Jefferson. Mr. Jefferson believes that the profile contains false statements and has caused injury to his reputation. Mr. Jefferson decides to sue.

B.   For several years, Molly Ryan and Susan Louis have been riding their horses along Route 100 as a form of recreation. One day they rode their horses past Mr. Avery’s home, which faces Route 100. Mr. Avery ran toward them, swinging his arms and yelling at them to get off of his land. Both Ms. Ryan and Ms. Louis responded that they were on a public road and had every right to be there. Upon hearing this, Mr. Avery became irate and hit Ms. Ryan’s horse in the jaw, causing her to lose control of the horse. As she regained control of the horse, Mr. Avery started throwing rocks at both horses. Both Ms. Ryan and Ms. Louis left the area immediately. Now Ms. Ryan wishes to sue.

C.   As part of a fitness effort, Beth Barnes joined the “All Day Fitness” health club by signing a one-year agreement. While Ms. Barnes was using the rowing machine at the club, the cord snapped and the handle smashed into her mouth. This occurred only one month after she signed the agreement. She suffered severe pain in her mouth and required several surgeries to repair the injury. She no longer attends the health club and has stopped making the monthly payments listed in her agreement. She now wishes to sue.

D.  Two months ago, Esther Burling was sitting in her parked car in a parking lot when a cab from Emerson Cab Co. slammed into her car. Although she was stiff and shaken, she didn’t experience any immediate pain or injury to her body. Her car, however, was totaled. Ms. Burling signed a settlement agreement with Emerson Cab Co.’s insurer, Meridian Insurance Co., demanding and accepting payment of full market value for her car. The settlement agreement contained a clause that released Meridian and Emerson Cab Co. from any liability for future injuries or claims by Ms. Burling. She has determined that the back problems she now suffers from are a result of the accident. Ms. Burling decides to sue.

E.   Karen McGraw has lived on her land for 25 years. A fence separates her lot from her neighbor’s lot immediately to the west. For almost 25 years, she and her neighbor split the costs of any expenses related to the fence. A new neighbor, Chris Turlow, has moved into the lot following the death of Ms. McGraw’s long-time neighbor. Ms. McGraw contacted Mr. Turlow about the need to build a new fence, but Mr. Turlow never committed to sharing the expenses. Ms. McGraw went ahead and replaced the fence at her own expense. Mr. Turlow has refused Ms. McGraw’s request to reimburse her for half of the fence bill.  Ms. McGraw now wishes to sue.