MT311-02_Unit 2_Assignment_Marjorie Bowden

MT311-02_Unit 2_Assignment_Marjorie Bowden - would occur...

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Esposito vs. Davis Page 1 of 3 Yvonne Esposito vs. Jason Davis and others: Negligence Marjorie Bowden MT311-02
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Esposito vs. Davis Page 2 of 3 Mr. Davis turned suddenly colliding with Mrs. Esposito. Mrs. Esposito was knocked to the ground causing a hip fracture which required a hip replacement surgery and a permanent impairment. Mrs. Esposito filed suit against Mr. Davis and others alleging negligence. Negligence is defined as the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Duty of care is defined as the duty of all persons to exercise a reasonable amount of care in their dealings with others, and is normally determined by the reasonable person standard. Tort of negligence occurs when someone suffers an injury or injuries due to another person failing to live up to a required duty of care. By Mr. Davis making a sudden turn without warning, Mrs. Esposito suffered a legally recognizable injury. Although Mr. Davis did not intentionally cause nor believe the incident
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Unformatted text preview: would occur, his conduct created a risk of the consequences. Mr. Davis was aware of the fact that there would be pedestrians exiting the show, and therefore should have acted in a more cautious manner when turning around. Under the tort of negligence, I would find that Mr. Davis would be held responsible for compensatory damages created to Mrs. Esposito, and there should be a reward of compensation to her. I do not feel there should be a reward for punitive damages because the injury was unintentional. Tort law is designed to compensate for a loss or injury due to the wrongful act of another person. Under tort law one can sue for compensatory or punitive damages. Compensatory damages are to compensate for actual loss. Punitive damages are to punish the wrongdoer, and are only appropriate when the conduct was egregious or reprehensible. Esposito vs. Davis Page 3 of 3 References: Miller, R. L., & Jentz, G. A. (2008). Fundamentals of business law part i. Mason, OH: Cengage Learning....
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MT311-02_Unit 2_Assignment_Marjorie Bowden - would occur...

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