Business Law: Personal Injury and Injunctions
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August 7, 2017ACC 561 Managerial Perspective Analysis. SolutionGuru Only
August 7, 2017Q1: On March 6, 1981, Carolyn Hamaker lost three fingers from her left hand while operating a notcher machine (lathe) at her place of employment in South Dakota, Pallets and Wood Products. The notching machine had been manufactured by Kenwel Machine Co. On December 31, 1975, Kenwel sold its assets to John and Rosemary Jackson, who created a new company called Kenwel-Jackson Machine Co. Kenwel terminated its existence in August 1977. Kenwel-Jackson continued to manufacture notchers, but it made several design changes and was in fact producing a different machine from the one that injured Carolyn Hamaker. As a result of her injuries, Hamaker brought a suit for damages against Kenwel-Jackson, because Kenwel no longer existed. Discuss whether Kenwel-Jackson is liable for injuries caused by a machine manufactured by a company it purchased.
Q2: Mike and Peter Schwadel were major shareholders in HJU Sales & Investments, Inc. Over several years the assets of the corporation had been sold off until only one asset remained—a restaurant called “The Place for Steak.” The Schwadels sued the president and third major shareholder of the corporation, Hy Uchitel, when he entered into a contract to sell this remaining asset. Florida state law prohibits the sale of all or substantially all of a corporation’s assets without shareholder approval. The Schwadels sought an injunction to prevent the sale of the restaurant.
