Reference no: EM133375817

Case Study: Your firm has recently accepted Maria Conseulas as a client. Maria was seriously injured when she fell off a horse while jumping it at a horse show. The horse caught its foot when going over a difficult jump and fell, crushing Maria under its body. A couple of trainers who observed the accident commented to Maria's parents that they believed the horse she was riding was being asked to jump at a level it was not physically able to do and that Maria's trainer should not have entered Maria in this event. Maria's parents would like to sue the horse trainer, but some preliminary research indicates that the trainer is essentially judgment-proof. The trainer does, however, work for a large ranch, Escondido Farms.

Questions: Assume that the trainer is an employee of Escondido farms and has substantial assets of his own. further assume that maria's injuries were compounded by negligent treatment in the emergency room and that her parents decide to sue mercy hospital and the doctor who treated her, Dr. Martin, for negligence.

1. In GA, can Maria recover her entire judgment from Escondido Farms even if a jury decides that it was only 10 percent responsible for her injuries?

2. What options does Escondido Farms have if Maria decides to recover her entire judgment from this defendant alone?

3. Go on the Internet and find a sample release you think could be modified for use in this case if Maria decided to release the trainer.

4. In GA could Escondido Farms seek a contribution from the trainer if he were released?

5. In GA could your firm enter into a Mary Carter or Gallagher agreement with the trainer? What limitations would be put on this agreement?