Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
10th Edition
ISBN: 9781337374835
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Question
Chapter 6, Problem 1IS
Summary Introduction
Case summary: The person J enters a K store leaving her truck’s motor still running. The truck bumps into a gas pump and starts fire. It makes a billboard falls on the person L making him injured.
To find: The person J can recover damages from the person L.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Negligence CaseWest v. East Tennessee Pioneer Oil Co.In Knox County Tennessee, a convenience store clerk refused to sell Brian Taver beer because he wasalready intoxicated. However, the clerk eventually activated the gas pump and, with the assistance of twoadditional store employees, who helped Taver operate the pump, Taver was able to purchase a small amount ofgas.Taver then drove off, going the wrong way on the highway and without his headlights on. Shortlyafterward, he crashed into an oncoming car, injuring Gary West and Michelle Richardson.West suffered several fractures of his legs, a head injury, and a broken elbow. West works in theconstruction industry. West, who has basic health insurance provided by his employer, was left with over$200,000 in personal debt as a consequence of the accident. Richardson suffered a severe closed-head injury.Richardson is an administrative assistant for the state of Tennessee. Her employer provided betterhealth insurance coverage, so she did not…
Business Tort of Negligence
Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby
gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him.
What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument?
Your paper should be between 500-750 words, with at least two cited external resources.
View your assignment rubric.
ROLK LOVE
5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)
Chapter 6 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
Knowledge Booster
Similar questions
- William Brill a truck driver, had just delivered lumber to Queens lumber. As he was returning to his truck he was hit by a forklift driven bv an employee eric vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence. What elements does brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle have to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? Brill v Queens lumber Co.arrow_forwardThe distinguishing element between intentional torts and negligent torts is: a. intent. b. level of damages. c. Causationarrow_forwardBrenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…arrow_forward
- Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?arrow_forwardJason parked his car on a hill, but failed to set his parking brakes. The car rolled down the hill and hitanother car, damaging it significantly. The owner of the other car, Yang, filed a lawsuit of negligenceagainst Jason, who pledged that he had no intention of damaging anybody's property and that heshouldn't be made to compensate. Discuss the methods the court and the jury could use to arrive at afair decisionarrow_forwardConsider the given situation: David was walking through a subway station that was highly crowded. He took out his handgun and fired it randomly because he liked the sound made by the firing. Even though David has no intent to shot anyone in the crowd, the shot fired by him injured Susan. David will be held liable for which type of tort? a) Negligence b) Strict liability c) Intentional tort d) Recklessness Answer Submit O O O Oarrow_forward
- Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsarrow_forwardDr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.arrow_forwardWhich of the following does not describe the concept of proximate cause in the tort of negligence? (Choose all of the correct answers.) Could the plaintiff reasonably foresee the defendant would engage in this particular harmful conduct? Could the defendant reasonably foresee his conduct could lead to the injury suffered by the plaintiff? Could the defendant reasonably foresee he had a duty of the plaintiff? Could the plaintiff reasonably foresee the injury he suffered? Was the defendant the actual cause of plaintiff's injury?arrow_forward
- Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?arrow_forwardHannah hates her sister Ivana with a passion so Hannah decides to poison her. Ivana drinks the soup that Hannah has poisoned, but for some reason, she does not die. She only experiences a tummy ache and starts vomitting. She is rushed to the hospital but does not die. What kind of crime was committed? Consummated Frustrated Attemptedarrow_forward27. Vicarious liability refers to a situation where: the employer is held legally responsible for actions of its employees the employer serves alcohol at company-sponsored events the onus is on the employer to prove it was not negligent none of the abovearrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education