Case Analysis
In light of your understanding of
the civil and alternative dispute resolution (ADR) process, consider the
following scenario:
Pete was seriously injured when
the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind
his house rolled over. As a result of his injuries, Pete is unable to work and
has incurred $75,000 in medical bills. Pete has
filed a lawsuit against the ATV
manufacturer to receive compensation for the financial harm resulting from his
injuries. Pete claims that the manufacturer defectively designed the ATV,
causing it to have a tendency to roll over on rough terrain.
The ATV manufacturer claims that
the ATV is not defectively designed and that the rollover was caused by Pete
driving at an excessive rate of speed around a corner.
Consider the steps in civil
litigation and ADR, and assess the factors that Pete and the ATV manufacturer
will consider when deciding whether they should settle this lawsuit. If you
were Pete’s lawyer, what resolution would you advise? Be sure to consider the
primary forms of ADR and all ADR factors described in the lesson. Finally,
research and select at least one case from an outside source to support your
resolution to the ATV case. Your answer should be a minimum of 500 words. Cite
any direct quotes or paraphrased material from these sources.
Use APA format to properly
reference your information.
