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Case  Analysis

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? Be sure  to consider the primary forms of ADR and all ADR factors    described in the  lesson and textbook.

Finally, research and select at least one case from an outside source to     support your resolution to the ATV case. Your answer should be a minimum of 500    words. Cite any direct quotes or paraphrased material from these sources. Use     APA format to properly reference your information.