Wyatt Earp, age 29, died on May 17, 2019. Mr. Earp was a married with no children. He was employed full time as a service advisor at the local Honda dealership. Mr. Earp earned $25/hour plus benefits, which included health coverage, dental coverage, and 14 days paid time off per year. Mr. Earp and a friend would frequently go to the Real-Time Raceway track after hours and race go-karts. The track owners know that people frequently race cars or go karts on their track, without permission, after hours. The track doesn’t want people racing on the track without its knowledge or permission. The track is not fenced in, there are no signs on the property, no security guards, and no lights on when the track is closed. Therefore, if someone is willing to transport their vehicle or go-kart over the grass field between the track and the main road, that person can obtain access to this track. On May 17, 2019, a track employee develops a solution to stop people from using the track after hours. The employee obtains one of the track’s movable metal barrier walls and drags it perpendicular across the track after the track closes for the night. The employee then turns out the track and building lights, locks the office, and leaves for the day. Later that night, Mr. Earp and his friend bring their go-karts to the track to practice racing. Neither Mr. Earp or his friend are wearing seatbelts or helmets. Shortly after entering the track, Mr. Earp hits the barrier wall, and is killed instantly. Mr. Earp’s friend witnesses the accident and avoids injury.
Wyatt Earp, age 29, died on May 17, 2019. Mr. Earp was a married with no children. He
was employed full time as a service advisor at the local Honda dealership. Mr. Earp earned
$25/hour plus benefits, which included health coverage, dental coverage, and 14 days paid
time off per year. Mr. Earp and a friend would frequently go to the Real-Time Raceway
track after hours and race go-karts.
The track owners know that people frequently race cars or go karts on their track, without
permission, after hours. The track doesn’t want people racing on the track without its
knowledge or permission. The track is not fenced in, there are no signs on the property, no
security guards, and no lights on when the track is closed. Therefore, if someone is willing
to transport their vehicle or go-kart over the grass field between the track and the main
road, that person can obtain access to this track.
On May 17, 2019, a track employee develops a solution to stop people from using the track
after hours. The employee obtains one of the track’s movable metal barrier walls and drags
it perpendicular across the track after the track closes for the night. The employee then
turns out the track and building lights, locks the office, and leaves for the day. Later that
night, Mr. Earp and his friend bring their go-karts to the track to practice racing. Neither Mr.
Earp or his friend are wearing seatbelts or helmets. Shortly after entering the track, Mr.
Earp hits the barrier wall, and is killed instantly. Mr. Earp’s friend witnesses the accident
and avoids injury.
Photos of the track, barrier wall, and go-kart are attached for your review.
please provide an analysis of the
fact pattern, including an evaluation of the elements of the cause of action.
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