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Scenario by Mind Map: Scenario
0.0 stars - reviews range from 0 to 5

Scenario

People Involved

Michael Magoo

Works for Giant Corp

Professional electronics design engineer

Alla Bord

Czech engineer

subcontractor

Limited english

Located in Prague

Sam Bupkis

visiting buyer from Circuit City

touched one of the open recorders during alpha testing and was shocked

Giant Corp.

employs magoo who designs recorder for them

Expert Electronics Engineer

Provides testimony at case

Claims/Defenses

Bupkis v. Giant Corp.

Negligence, Claim: According to Expert Electronics engineer: Giant's engineers should have reviewed Magoo's work and discovered the deficiencies in design, Defense: Alpha testing is used to find flaws. Flaw was found before sent to the public. Bupkis should not have touched the recorder., Claim: Giant Corp. did not have ensure the safety of its visitors. Left the exposed board accessible to untrained people., Defense: Bupkis should not have touched the recorder

Product Liability, Claim: Giant Corp is liable for the product, Defense: product was not sold to Bupkis, no product liability

Bupkis v. Magoo

Professional Negligence, Claim: According to Expert Electronics engineer: competent electronics engineer should have known from the design that the recorder was dangerous, Defense: It was not readily apparent from the schematic that that the layout was dangerous. He was entitled to rely on the specific expertise of Bord as the layout designer who should have put his warning in writing to be understood

Product Liability, Claim: Magoo is liable for the product, Defense: product was not sold to Bupkis, no product liability

Bupkis v. Bord

Professional Negligence, Claim: According to Expert Electronics engineer: competent electronics engineer should have known from the design that the recorder was dangerous, Defense: Hired as independant contractor who performed exactly as required of him. He warned magoo.

Product Liability, Claim: Bord is liable for the product, Defense: product was not sold to Bupkis, no product liability

Timeline

Magoo designing new recorder for home use. Under Giant Corp.

Magoo subcontracts printed circuit design to Alla Bord

Bord prepares schematic of design and send to Magoo

Magoo requests changes to make board layout more efficient

Changes include changing location of power supply

Bord makes requested changes but attempts to warn magoo over the phone that the changes will work but might increase risk of shock to any consumer who opens the device

Magoo does not understand Bord and assures Bord he has done a good job.

new design saves money for Giant Corp.

During Alpha testing Sam Bupkis with best buy visits and touches one of the exposed recorders and gets shocked