BUSN 420 Wendy Wanderer

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BUSN 420 Wendy Wanderer
Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives…

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BUSN 420 Wendy Wanderer

BUSN 420 Wendy Wanderer

Discussions Week 2 All Students Posts 31 Pages 

Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives new samples and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap that accumulates between trash pick-ups. Little Wendy Wanderer, age five, who lives next door, sees what, to her, promises to be a nice toy among Derek’s trash. Upon coming closer to the trash heap, Wendy is bitten by a rat. She screams and then faints. Her nearby mother calls an ambulance, which, on the way to the scene, jumps a curb and strikes Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies shots. Except for some bad dreams, Wendy apparently recovers. Derek and Wendy are both citizens and residents of Ohio. Paul, who is a citizen and resident of Texas, was visiting friends in Ohio when the ambulance struck him.

  • Does Wendy have a solid basis for suing Derek for her injuries?
  • Who might be liable to Paul Pedestrian?
  • What types of damages could Wendy recover?
  • If Wendy sues Derek, in what state(s) could she sue, and in what court (federal or state) could she properly file the suit?
  • If Paul sues Derek, in what state(s) could he sue, and in what court (federal or state) could he properly file the suit?

I don’t think Wendy have a solid basis for suing Derek because his trash is in his backyard she was trespassing.
For Paul Pedestrian the Ambulance driver is liable for his injuries.
If Derek is at fault which I don’t think he is, Wendy can recover medical, pain and suffering
If Wendy sues Derek she has to sue in the state of Ohio in the state court
If Paul sues Derek he have to sue in the state of Ohio because that is where he got injured and the suit could be properly filed in the state court…