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Analyze thomas lawsuit against hydraplastic

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Reference no: EM133300920

Assignment: With a "wingspan" of more than 7 feet, Dwayne Thomas played point guard for the Atlantis State basketball team for two years. At 6'8" and 220 pounds, the 19-year old Thomas was recently the #1 NBA draft pick, signing a $22 million two-year contract with the Atlantis Hawks, followed by two years of team options and fifth "qualifying offer" year. If all the options are exercised, this 5-year contract is projected to be worth $65 million over 5 years.
On September 14, two weeks before he was expected to report to his team's training camp, Thomas was working out in a local gym using a 75cm Hydraplastic exercise ball. While balancing on the ball and lifting 90-pound weights in each hand, the ball suddenly burst, and Thomas fell forcibly to the ground and suffered serious injuries, including a fractured forearm.As a result of his injuries, Thomas missed 4 months of his rookie season, and even with physical therapy, was unable to play without pain the entire season.Hydraplastic marketed the exercise ball as "made from burst-resistant, latex-free, vinyl which supports a maximum weight of 600 lbs. The burst-resistant quality of this exercise ball is possible because of the medical-grade resilient material it is made out of. Besides providing high performance and increased safety during use, if the exercise ball is punctured it will deflate slowly, protecting the user from harm."Thomas and the Hawks have sued Hydraplastic for $4,878,700 in lost wages (1/2 of his first year's salary) and $30 million in compensatory damages. During discovery, his attorney hired a lab to test 75 cm Hydraplastic balls. During testing, several of the 75 cm balls burst when supporting 400 pounds.

Instructions: Using the FIRAC model, analyze Thomas's lawsuit against Hydraplastic. Make sure that you address any claims he may have in his lawsuit against Hydraplastic.

Reference no: EM133300920

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