Jurisdiction and settlement offers

Assume that you live in California and are returning from a vacation in Texas. While traveling home by car,

you stop for a bite to eat in a small diner located in Arizona. After you purchase your meal, you attempt to

sit down and the chair underneath you collapses, sending you to the floor. The fall to the floor results in a

broken wrist and serious injury to your back and neck. The injuries you sustain require many weeks of

medical treatment and fifteen (15) weeks of missed work. Medical bills as a result of your fall are upwards

of $50,000 and counting, and you have lost wages in the amount of $15,000. You intend to sue the owner

of the diner.

Can you bring your state-law based personal injury case in a federal court? Why or why not?
As a resident of California, suing for an injury that occurred in an Arizona restaurant, does a California

court have jurisdiction over the case? What additional information might be helpful to bring a case against

the Arizona restaurant in a California court?
Assume you end up trying the case and at the end of the trial, the jury awards you $125,000 ($50,000 for

medical expenses, $15,000 for lost wages and $60,000 for pain and suffering). After the trial, the attorney

for the diner approaches you and your attorney and offers to settle the case on the spot for $75,000.

Should you consider accepting the settlement? Why or why not?

Sample Solution

The post Jurisdiction and settlement offers appeared first on homework handlers.