Goss v Allen - reasonable person standard to a 17 yr old or...

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CASE: Goss v. Allen Court: SC of NJ 360 A.2d 38 (N.J. 1976) P260 torts Facts a. Plaintiff/Goss – 17 yr old Skier. Defendant/Allen - b. 17 yr old was skiing down the beginners slope (he had never been down this slope before and had never attempted a downhill run) and ran into the PL when he lost control. c. (1) C/A: Negligence (2) relief requested: (3) defenses raised: Procedural History: a. Lower court’s ruling(s): trial court ruled that the Def was not negligent. Appellate division reversed and remanded, reasoning that skiing is an adult activity and that the PL should be held to a reasonable standard equivalent to an adult participating in the “dangerous activity.” b. Damages awarded: N/A c. Appellant: Issues: a. substantive issue Whether skiing down a slope is a dangerous activity that requires the application of an adult
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Unformatted text preview: reasonable person standard to a 17 yr old or if the court should apply a reasonable person standard based on someone of similar age, intelligence and experience under like circumstances. b. procedural issue: Holding: Court did not agree that skiing is a hazardous activity as a matter of law. Rule of Law or Legal Principle Applied: The age of legal maturity in NJ is 18 and holds that anyone under that age to a standard of care of a reasonable person of like age, intelligence, and experience under like circumstances. Reasoning: The line has been drawn at 18 yrs of age thus anyone under that age get the abovementioned RoL. Disposition (judgment): Reversed and remanded. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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