Case # 03 - In this case Esposito likely thought that Davis...

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Case #3 As pedestrians exited at the close of an art and crafts show, Jason Davis, an employee of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an eighty-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip-replacement surgery, she was left with a permanent physical impairment. Esposito filed a suit in a federal district court against Davis and others, alleging negligence. What do you think? [ Esposito v. Davis , 47 F.3d 164 (5 th Cir. 1995)] Issue : Whether Yvonne Esposito was knocked to the ground, fracturing her hip, and had hip-replacement based on Jason Davis being negligent. Rule : Standing to sue. Application : A standing to sue means the party bringing the lawsuit must have a sufficient or justifiable controversy.
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Unformatted text preview: In this case Esposito likely thought that Davis was being negligent of his surroundings and caused her to be put in harms way. Conclusion : Esposito has the right to sue. What do you think? Negligence defined in law is the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care. Based on the definition, in my opinion, Davis was being negligent of his surroundings and in doing so turned and knocked Esposito to the ground causing her to fracture her hip. The reason my thoughts lean this way; based on the words above, stood near the exit shows that Davis was aware that he was in a higher traffic path....
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This note was uploaded on 11/29/2010 for the course BUS 101 taught by Professor Me during the Spring '10 term at Central Methodist University.

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