100%(5)5 out of 5 people found this document helpful
This preview shows page 1 - 3 out of 5 pages.
The preview shows page 1 - 3 out of 5 pages.
TAFT LAW SCHOOLMIDTERM EXAMINATION ISSUE ANALYSISTORTSAble v DavidNegligenceNegligence requires a showing that a duty was owed, that the duty was breached, and thatthe breach was the actual and proximate cause of damages.DutyOne owes a duty to act as a reasonable prudent person under the same or similarcircumstances.David owed a duty while driving on the roads to drive his car in a safe manner as areasonable prudent person would do under the same or similar circumstances.Therefore, David owes a duty of due care to Able.Breach A breach is a failure to act as a reasonable, prudent person under the same or similarcircumstances. David, while driving his car on the road, received a text from his wife. While attemptingread the text, he dropped his phone on the floor of the car. In order to retrieve it, he bentdown to pick it up resulting in him taking his eyes off the road and running into Able,another motorist. Thus, David’s act of taking his eyes off the road while driving showshe fell below the reasonable prudent person standard of care based on his act of hittingAble.Therefore, David breached his duty owed to Able.Actual Cause“But for” David taking his eyes off the road and running into Able, Able would not havesuffered a broken leg and a concussion.Thus, David was the actual cause of his injuries.Proximate CauseIt is foreseeable if you take your eyes off the road while driving that you would hitsomeone and cause injury.Therefore, David was the proximate cause of Able’s injuries.
TAFT LAW SCHOOLMIDTERM EXAMINATION ISSUE ANALYSISTORTSGeneral DamagesGeneral damages are those damages that flow from the tort. Plaintiff must have sustainedactual damages to person or property to recover for negligence.Able sustained injuries as a result of the car crash. Therefore, he would be able torecover for pain and suffering and for any damage received to his car.Special DamagesPlaintiff may recover for any medical damages or lost of income if specifically plead.