mgmt 2 - Bigan was not responsible to warn Yania of the...

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Yania v. Bigan Supreme Court of Pennsylvania, 1959 Facts: John E. Bigan was engaged in a coal strip-mining operation in Shade Township, Somerset County. Bigan created large trenches in his property that contained water 8 to 10 feet in depth with side walls 16 to 18 feet in height; at this trench Bigan had installed a pump to remove the water. At around 4 PM on September 25,1957 Joseph F. Yania, and Boyd M. Ross met with Bigan at his property to discuss some business matter. While they were there Bigan asked them to help him in starting the pump. Bigan stood at the point where the pump was located and Yania stood at the top of one of the trench’s side walls and then jumped off into the water and drowned. Issue: Was Bigan responsible for the death of Yania? Decision: No. Bigan was not responsible for actionable negligence for putting Yania in that position because Yania was an adult in full possession of all his mental faculties.
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Unformatted text preview: Bigan was not responsible to warn Yania of the dangerous condition that his property had because there was neither concealment nor failure to warn. Lastly, there was no legal obligation for Bigan to rescue Yania. Reasoning: Bigan was not responsible because the court found that he had no legal fault in the death of Yania. Had Yania been a child of tender years or a person mentally deficient then it is conceivable that he could have been responsible for actionable negligence. Also, because Yania was a coal strip mine operator the condition and the safety of the trench was as obvious and apparent to him as it was to Bigan. Lastly, Bigan was not responsible for Yania’s death because the court found that Yania voluntarily placed himself in the way of danger, ad his death was a result of his own act. Also the law imposes on Bigan no duty to rescue....
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This note was uploaded on 03/28/2008 for the course MGMT 211 taught by Professor Swim during the Spring '08 term at Texas A&M.

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