Case Brief: Kerl v. Rasmussen (2004) 273 Wis. 2d 106, 682 N.W. 2d 328 The facts in this case are that Harvey Pierce ambushed and shot Robin Kerl and her fiancé David Jones in the parking lot of a Madison Wal-Mart where Kerl and Jones worked. Kerl was seriously injured in the shooting, and Jones was killed. Pierce, who was Kerl’s former boyfriend, then shot and killed himself. At the time of the shooting, Pierce was a work-release inmate at the Dane County jail who was employed at a nearby Arby’s restaurant operated by Dennis Rasmussen, INC. Pierce had left work without permission at the time of the attempted murder and murder/suicide. Kerl and Jones’ estate sued DRI and Arby’s, INC. As in pertinent to this appeal, the plaintiffs alleged …show more content…
We hold that a franchisor may be subject to vicarious liability for the tortuous conduct of its franchisee only if the franchisor had control or a right of control over the daily operation of the specific aspect of the franchisee’s business that is alleged to *135 have caused the harm. Because Arby’s did not have control or a right of control over DRI’s supervision of its employees, there was no master/servant relationship between Arby’s and DRI for purposes of the plaintiffs’ respondeat superior claim against Arby’s. Arby’s cannot be held vicariously liable for DRI’s negligent supervision of Pierce. The advantage of Arby’s being a franchise is that it has Brand Recognition. Most if not all franchises are well-known companies with established customer bases. Owning a franchise instead of starting up a new business saves you the time and effort of building a reputation and attracting customers. Franchises also receive support from corporate headquarters in a number of areas including marketing, training and even financing. Corporate headquarters of large franchises are ready with advice and expertise for making the business the best it can be. Many companies help
Mark volunteered to help with the community arts festival; he was supporting the not-for-profit organization as he had in the past. However, he did not know his good intentions as a volunteer would cost him his job as an assistant manager. The retail store’s phone number was printed in the festival advertising in error and ticket requests overloaded the phone lines, causing loss of business and annoyed the store manager. As a result, Mark was seen as the cause of the problems and terminated.
Another necessary treatment for Mr. Bacon is family-based treatment, which will target his anxiety and his substance abuse. Within this treatment, Mr. Bacon would participate in psychoeducational therapy sessions and behavioral family counseling. A study done by Paprocki and Baucom gave couples, in which only one partner had relationship-based anxiety, one session of psychoeducational therapy (Paprocki & Baucom, 2017). Two weeks after the therapy session, there were large reductions in relationship anxiety, self-silencing, and reassurance-seeking for the patients, and reductions in accommodation behaviors in their partners (Paprocki & Baucom, 2017). Additionally, a study done by Fals-Stewart, O'Farrell, and Peterson investigated males
1/Link the Coors vision statement to Coors key business strategies or “six planks”. Are there any gaps?
In June 2011, I was home in California for a few weeks before returning to Washington for my senior year of college. While I was home for only a short time, I was thankful I was able to see my friend John*. John was a man living with schizophrenia, and while he had family in the area he lived on the streets, coming and going around several different cities. Because of this it was never a guarantee I would run into him, but you could usually find him if you knew where to look. I first met John in 2008 outside a local grocery store, one of the places he would often hang out. We struck up a conversation, and eventually a friendship. We would talk on the good days, and on the hard days when he was agitated I would simply keep him company for a
The tests that were run for the patient D.W. were performed to determine a diagnosis and treatment. Even though the disease systemic lupus erthematosus (SLE) doesn’t have a test that specifically diagnosis this diseases, there are test that are run to help with understand contributing factors. The significance of a positive antinuclear antibody (ANA) titer is that 98% of people with systemic lupus test positive, even though it is not enough for a diagnosis of lupus (healthy individuals can test positive) it is a good indication along with other diagnostics test in the presence of lupus. The anti-double-stranded DNA antibody
as an assistant lawyer making an annual salary of 12,800 dollars. While working another Harvard lawyer joined the team making Frank quite nervous. The man began questioning him at every turn and Frank decided to move on before he was caught. He was intelligent enough to work as a lawyer for nine month before he was even remotely close to being caught.(Catch me if you can) He had not cashed any bad checks for twenty months keeping the authorities off him and he moved to the opposite side of the country to draw even more speratrion.
Applicant discusses have a long history in American legislative issues. At each level of government -- from city committee to state lawmaking body, from Congress to leader of the United States -- competitors take part in civil arguments to enable voters to comprehend their identity and what they remain for.
The Smith Family (TSF) is a national charity which supports disadvantaged children and families in Australia. It devotes to creating a better future for disadvantaged young Australians through providing education opportunity for them (TSF 2012). This case study aims to assess TSF’s strategic position using SWOT analysis. The analysis reveals that TSF holds strengths of comprehensive sources of funding and being able to provide transparent information. The popularization of social network and the future education reform plan may give an opportunity to TSF. On the other hand, TSF is weak in utilizing the funds efficiently and effectively. A cut in universities funding may be considered as a threat. The finding is
It was 9:35 am, which was approximately two and a half hours into my shift. Dr. Nutakor had said, “Let’s go see this patient.” I grabbed my pen and pad and followed him to room 14. I walked in and saw the patient, Becky, sitting on the bed undergoing breathing treatment. She turned to her boyfriend and mother and waved them outside. “They drive me crazy,” she said while smirking to me. The doctor asked, “how long have you been sick?” It was apparent that she was sick: her eyes were tearful, she was wheezing, and she was gasping for air with every word she exuded. As she went to take off her mask, “Keep your mask on,” the doctor said. Becky continued to say that she has been sick for 30 days and was diagnosed with COPD 4 days ago. Tears
Case Name The Smithson’s Mortgage Case Study Teams This case is designed to be conducted by a team of students. The discussion, questioning, and resolution of differences is an important part of the learning experience. Another significant advantage is the sharing of the workload in preparing the final case study report. Knowledge Background This case draws heavily on the material presented in Chapters 2 and 3 of Principles of Engineering Economic Analysis, 4th Edition by White, Case, Pratt, and Agee, particularly Section 3.4 (Principal Amount and Interest Amount in Loan Payments). To a limited extent it draws on concepts from Chapter 4 (Measuring the Worth of Investments), Chapter 5 (Comparison
The workgroup supported our suspicion that the solution we would build and offer was a small adjustment to the clinical workflow. On the other hand, the rather small adjustment to workflow would ask clinicians to consider more information than they had ever had on the genetic risk of disease based on family history. Having evidence-based information to support changes in care provided for patients based on the family history was unsettling to clinicians. We needed to take care to appreciate what seemed like small workflow adjustment to our team, may seem relatively radical to clinicians who had been blasting through family history for years (or decades) without regard to the rich phenotypic data that could be used as a proxy
In the corner of College Avenue and 37th Street, I saw a couple of poor buildings and garnished picture posters plastered against the windows. It is an African-American salon, a small business that attract customers living in the proximity in hopes to gain economic prosperity in an impoverished area. The Church of Christ and many others that stood on College Avenue showed a pattern of similarities. The impoverished building now turned into church. Such apartment style building meant for church is unlikely to be seen in rich neighborhoods. Small businesses ranging from salons to auto care shops were penurious looking. I say this because I had a fair share of experience about five years ago when my mother opened up a small grocery store. The
* “The management system that was in place was one woman who magically kept everything in her head. There was limited and almost incomprehensible formal system.” Sarah Arthur, the company’s accountant, had complete autonomy over the company’s information, and she kept this information private.
Secondly, the FTAA Agreement was being written without the citizens input. Despite repeated calls for the open and democratic development of trade policy, the FTAA negotiations have been conducted without citizen input. Thirdly, the FTAA Agreement would undermine labor rights and cause further job loss. This is based on NAFTA’s experience that shows how the basic labor rights and the interests of working families are eroded by “free trade” agreements that lack enforceable labor protections. Fourthly, the FTAA Agreement is expected to spread
1) The first issue of the case is whether Harry Hepburn, the president of Southern California Division of Robinson Brothers Homes should make the projection on the specific project more optimistic or not. By making the revenue forecasts more optimistic, the most likely outcome is that the project will be undertaken and his team of employees will keep their position. Otherwise, at the current estimated return projections, the project is expected to be declined, and Harry’s team will be partially laid off in accordance with the Robinson Brothers Homes plan on cutting costs as the company faces the slowing down market and decreased profitability.