IRAC Torts

Bauer Insulation Co (BIC) was a subcontractor on an expansion project at the Dixon-Goetz manufacturing plant in Lowville, New York which is a remote part of upstate New York approximately 40 miles from the nearest population centers.  Given the remoteness of the work site, BIC provided $30 per day in subsistence pay to each of its employees to defer part of the cost of a motel room or apartment in the nearest towns.  BIC did not require its employees to spend the money on lodging.  The employees were free to spend it or not spend it as they saw fit.  In fact the President of BIC, Zachary Bauer, would tell his employees, “if I were you, I’d pocket the money and commute!  It isn’t taxable income, its like free money!”

James LePage, a BIC employee was assigned to work on the expansion project in Lowville and he received the $30 per day subsistence pay from BIC but he elected to make the commute to the plant from his home in Rochester, NY which was 120 miles from the work site.  james, a resourceful young man, convinced a few other co-workers along the route to carpool to save additional money.  The parties would share the driving responsibilities.  The work schedule was Monday through Friday 7am to 5:30pm with a half hour for lunch and few if any breaks.  In addition to his employment with BIC, James also worked at the local Dick’s sporting goods store a second job at night as a stock clerk.

James completed his regular shift at the plant on a Tuesday and returned to Rochester at 8:30pm.  He then worked his second job before going to bed around midnight.  James then rose at 4:00am on Wednesday to get his vehicle and collect his co-workers for the daily commute to the plant, where he worked his normal shift.  The car pool with James driving left the plant around 6:00pm.  Shortly thereafter, James fell asleep at the wheel.  His vehicle crossed the centerline of the highway and collided head-on with a vehicle in which Matt Krengel was the passenger.  Matt expired in the accident and his widow, Claire McMahon, acting in her own right and as a personal representative of her late husband’s estate, filed a negligence-based wrongful death action against BIC in a New York State Court.

The lawsuit filed by McMahon claimed that BIC owed a duty of care to the other travelers on the highway to prevent injury caused by employees who had become exhausted after being required to commute long distances and work long hours and were even encouraged to do so with the $30 per day stipend.  She contended in her complaint that BIC breached its duty by “failing to take precautionary measures to prevent employees from becoming so exhausted that they pose a threat of harm to the traveling public and failing to provide alternative transportation to its exhausted employees or in the alternative, failing to provide living quarters to its employees within a reasonable from the plant site.

Discuss the legal theory put forth by Mrs. McMahon based on the various theories of negligence discussed in class.  Using the IRAC format conclude on the likelihood of success of this lawsuit.

2. If you run 5 hypothesis tests that each have power equal to 0.8, what is the familywise Type II error rate?

9.2.8

Find the steady-state vector for the transition matrix.

Calculate the theoretical amounts of 0.1000 M NaOH titrant used to titrate 0.8 and 0.9 g KHP. please show work!

Finance & Real Estate Open Ended Question:

Many zoning laws have a rule that when a developer provides a positive externality for the neighborhood, for example by creating a park, they can build extra floors on their building. Do you think this is fair? Explain.

Discuss the factors that contributes to the lack of tour operator offering online booking for their packages despite computer and mobile phone applications that have been created to support many aspects of travel, including travel guides, customer reviews, with hotel and flight reservations.

System Design and Analysis

Analyze and design a hotel reservation system -

Should include the following

- Create a Data Flow Diargram that includes Context Diagram and DFD 0
- Create a Use Case Diagram and include 8 fully-dressed use cases.

A block with mass m = 4.2 kg is attached to two springs with spring constants k_left = 34 N/m and k_right = 57 N/m. The block is pulled a distance x = 0.22 m to the left of its equilibrium position and released from rest

Where is the block located, relative to equilibrium, at a time 0.8 s after it is released? (if the block is left of equilibrium give the answer as a negative value; if the block is right of equilibrium give the answer as a positive value)

What is the net force on the block at this time 0.8 s? (a negative force is to the left; a positive force

19. 4.5 lbm of water at 158 ^oF is mixed with 8.3 lbm of water at 30.9 ^oF. If the specific heat of water is 0.8 BTU/lbm-^oR, find the resulting temperature of the mixture in ^oF.

State your answer to one decimal place. Example: 63.5

20. 2.4 lbm of water at 136 ^oF is mixed with 9.1 lbm of water at 44.9 ^oF. If the specific heat of water is 0.8 BTU/lbm-^oR, find the sum of the change in entropy, in BTU/^oR, for the 2.4 lbm of water and 9.1 lbm of water.

State your answer to four decimal places. Example: 0.6357

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