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facts taber case

Page history last edited by abogado 9 years, 9 months ago

Facts of the Case

Please use the following facts, names, dates, in preparing your various forms and documents in your Law 11 Class.

MEMORANDUM

 

TO: Mission College Associate

FROM: David Jordan

DATE: July 2, 2010

RE: New Matter -- Taber v. World Bowling Centers, Inc

_____________________________________________________________

 

As we discussed, I need your immediate assistance in preparing a state court complaint for a new matter we just received in the office. To assist you, I've summarized my notes from my initial meeting with our clients - Bill and Dorothy Taber, Brad Burkhart and Carolyn Glassman - and I've also included a list of potentially applicable legal authorities for your use. I've already run a conflict check with the Firm's existing clients and no conflict arose that prevents us from taking this case. Please get started as soon as possible. The clients are very interested in moving ahead quickly with this. Accordingly, we need to be ready to file the complaint as soon as possible. Thanks for your help.

 

A. PARTIES

1. Bill and Dorothy Taber (Michelle Taber's parents).

2. Michelle Taber (17 year old driver of vehicle and decedent).

3. Brad Burkhart (17 year old passenger in Taber's car).

4. Carolyn Glassman (17 year old passenger in Taber's car).

5. World Bowling Centers, Inc. (California corporation, owner of "World on Wheels" skating facility in Chatsworth).

B. KEY EVENTS

1. On March 14 and 15, 2003, a "rave" party was held at World Bowling Centers, Inc.'s ("WBC") "World on Wheels" skating facility in Chatsworth.

 

2. Taber, Burkhart and Glassman arrive at party on March 14 at approximately 10:30 p.m.

 

3. According to Burkhart, drugs and drug paraphernalia (described by Burkhart and Glassman as "pacifiers" "whistles" "masks" and "glow sticks") were being openly used and sold at the event in full view of on-site WBC personnel. Burkhart purchased two tabs of ecstasy approximately 45 minutes after arriving at the party. While he ingested ½ of one tab and shared the remainder with other friends, its unclear whether Taber ingested any drugs while at the party. While Burkhart didn't see Glassman take any drugs, Glassman confirmed she did.

 

4. No evidence that WBC furnished anyone with drugs but according to Burkhart, he did not see any efforts being taken by WBC to ensure that drugs would not be used at the party.

 

5. At some point during the evening on March 14, WBC personnel intentionally turned off the free water fountain drinking supply and the ordinary water vending machines to artificially inflate the sale of water bottles which were being offered to attendees at exorbitant prices which were significantly higher than what World on Wheels typically sold water for at ordinary events. Taber's parents strongly believe this action fostered dehydration by compounding the dehydrating effect of ecstasy use.

 

6. Taber, Burkhart and Glassman left the party at approximately 2:30 a.m. on March 15. After exiting the arena, all 3 sat down for approximately 30 minutes because they were tired. A security guard hired by WBC then approached them and told them it was time to leave.

7. Once in Taber's car, Burkhart fell asleep immediately. Glassman asked Taber if she felt like she could drive. Taber said she could.

 

8. According to Glassman, Taber got lost and spent approximately 60 minutes trying to find the freeway. Additionally, they were so tired that they rolled down the car windows and turned the volume on the radio up loud.

9. Glassman fell asleep approximately 30 minutes after Taber finally found the freeway. According to Glassman, before she fell asleep, Taber seemed to be driving fine.

 

10. Sometime after Glassman fell asleep, and approximately 30 miles from the roller skating rink, Taber was involved in a single car accident when her car struck a tree. Taber was killed and Burkhart and Glassman were both severely injured.

 

C. POTENTIALLY APPLICABLE AUTHORITIES

 

1. Weirum v. RKO General, Inc. (1975) 15 Cal.3d 40.

2. Rowland v. Christian (1968) 69 Cal.2d 108.

3. Kentucky Fried Chicken of Calif., Inc. v. Superior Court (1997) 14 Cal.4th 814.

4. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666.

5. White v. Southern California Edison (1994) 25 Cal.App.4th 442.

6. Juarez v. Boy Scouts of America, Inc. (2000) 81 Cal.App.4th 377.

7. Sturgeon v. Curnutt (1994) 29 Cal.App.4th 301.

8. Burgess v. Superior Court (1992) 2 Cal.4th 1064.

9. Adams v. City of Fremont (1998) 68 Cal.App.4th 243.

10. Note, Targeting Ecstasy Use at Raves (2002) 88 Va.L.Rev. 1583.

 

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