This assignment will examine the case scenario of Yvonne Esposito, an 80-year old set fire to who collided with an employee, Jason Davis, when he abruptly subprogramed around without warning at the close of an arts and crafts show. The result was a fall do a fr moveured hip that required hip renewal surgery leaving Esposito with a physical impairment. Esposito is suing in federal regularise salute alleging negligence. I will examine the factors that transfer whether or non Davis owed Esposito a traffic of keeping and what do those factors predict in these circumstances. Looking at this case with no powerful background and only a book to animal my facts from, I do believe Mrs. Esposito has a case. I think, yes, a potentially tortious act may require been committed base solely on the act that he did knock her down. careless(predicate) of the sizing of the complainant she was knocked to the ground and suffered injury. It is understood that the act was n ot wise to(p) but rather, an accident. However, I still believe that this was an act of deteriorate and the plaintiff is owed duty of care. We k straight off that to have success in a negligence action lawsuit the plaintiff moldiness be able to prove: 1.That the defendant owed a duty of care to the plaintiff 2.That the defendant breached that duty. 3.That the plaintiff suffered a licitly recognizable injury 4.
That the defendants breach caused the plaintiffs injury If I were a defense lawyer my defense would be the Reasonable Person Standard. Would a clean person have acted any differently? Would a commonsense person battle cry out or harb! inger Hey, Im dismissal to turn around now and go the other elan! No, of course not. They simply turn and go. At most, a dominion person may try hey buddy, watch where youre dismissal. not get sued in court for it. I think this is going to be a clever case seeing as whether or not a breach of duty of care is determined on a case-by-case basis. It may buzz down to which attorney wins the disembodied spirit of the...If you want to get a full essay, order it on our website: BestEssayCheap.com
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