BlueTherapy operates 1000 fitness centres in the U.S., and offers its members the use of weight machines, stair climbers, treadmills, stationary bikes, as well as having racquetball courts, swimming pools, exercise and step classes. Each centre also has saunas, steam rooms, and Jacuzzis. You graduate and get a job as the manager of the BlueTherapy located in downtown Denver.
It’s January and a major snowstorm hit Denver the day before. When you arrive to open up the centre, the sidewalk in front of the centre has over two feet of snow on it. You go to put your things inside and the phone is ringing off the hook. Three of your employees cannot make it in because of the snow. You ring Rocky, a part time employee, and he agrees to come in, arriving a bit after 9 a.m.
You are trying to keep the centre open, but have yet to shovel the sidewalks. You know that there is a city ordinance that requires all businesses to clear their sidewalks within two hours of any storm. Clara Clumsee comes to work out at 10 a.m., but slips on the sidewalk, which you have not yet got around to shovel. She suffers what appears to be a broken arm. You ask Rocky to take her the Denver General Hospital. He agrees. Unfortunately, even though he has driven into work, he actually lost his license due to a DUI conviction two months before. You were unaware of this. He fails to mention this.
On the way to the hospital, driven by the cries of pain from Clara, he is speeding (on slippery roads) and runs into another person’s car. He causes extensive damage to Anny Persun’s car, and she is injured in the accident. Clara receives cuts and breaks her other arm in the accident. Rocky, probably due to the fact that he was eating marijuana raisin bran for breakfast when you rang him at 8:45 to ask him to come in to BlueTherapy, escaped without injury. You had no knowledge that he had ingested any marijuana, and, in fact, the chain has a zero tolerance for any drug usage, other than prescription drugs. All employees sign a statement that they are aware of the policy and agree to abide by it as part of their orientation training. Rocky does not have a medical marijuana card.
The Denver police officer that responds to the accident is faced with an argumentative Rocky. In fact, Rocky punches the officer, knocking out some of his teeth. Rocky is arrested on criminal battery charges. Clara and Anny are transported by ambulance to the hospital.
The police ring the centre and threaten you with criminal charges against the centre.
The BlueTherapy regional director has asked you to send a memo describing the various civil and criminal liability claims that may be brought against the centre. Consider any possible claims from Clara, Anny, Rocky, and the police, based upon these events.
This memo should be at least 600 original words, with three external references within the body of the memo, using APA citing. Remember to add a Reference Sheet
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