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 and textbook.
Finally, research and select at least one case from an outside source to support your resolution to the ATV case. Include an introduction in your paper.
Your answer must be at least two pages in length. Adhere to APA Style when creating citations and references for this assignment. APA formatting, however, is not necessary. See Civil and alternative dispute resolution
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Assignment
Introduction
After getting involved in an accident while driving a four-wheeled all-terrain vehicle (ATV) in his backyard, Pete claimed that ATV manufacturer defectively designed the vehicle and it led to roll over on rough terrain. Pete the plaintiff was therefore seeking for a compensation from ATV manufacturer for the cost he incurred as medical bill and injuries he sustained, which made him unable to carry out his normal duties. The defendant responded to the claims that ATV was not defectively designed and the roll over was attributed to excessive rate of speed around the corner. To effectively analyze this case, it is important to understand the facts.
While making the determination of this case, there are several factors that courts should consider about Pete and ATV manufacturer. One key factor that court need to consider is whether the plaintiff have presented enough evidence to prove that the accident indeed occurred as a result of ATV defective designs(Kubasek, et al., 2016). Pete also should consider whether the case can stand the threshold of requirements, ripeness, and justifiable controversy. These are the facts that determines whether the case could come before the judges in the court of law. On whether the ATV manufacturer should settle the dispute or not, the company should establish whether there is legitimacy in the…………………………………………………………………………………………………
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