Pete was seriously injured when the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind his

Law – Civil

In light of your understanding of the civil and alternative dispute resolution (ADR) process, consider the following scenario:
Pete was seriously injured when the four-wheeled all-terrain vehicle (ATV) he was driving through the trails behind his
house rolled over. As a result of his injuries, Pete is unable to work and has incurred $75,000 in medical bills. Pete has
filed a lawsuit against the ATV manufacturer to receive compensation for the financial harm resulting from his injuries.
Pete claims that the manufacturer defectively designed the ATV, causing it to have a tendency to roll over on rough
terrain.
The ATV manufacturer claims that the ATV is not defectively designed and that the rollover was caused by Pete driving at
an excessive rate of speed around a corner.
Consider the steps in civil litigation and ADR, and assess the factors that Pete and the ATV manufacturer will consider
when deciding whether they should settle this lawsuit. If you were Pete’s lawyer, what resolution would you advise?

 

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