Black Brief - site for a ten hour shift, is paid a 30 per...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Black v. William Insulation Co. Issue : Is William Insulation Co. liable for Proximate Cause to Black, because of their employees negligence? Rule : Proximate Cause : An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Negligence : 1)existence of a legal duty to the plaintiff 2)the defendant breached the duty 3)the plaintiff was injured 4) the defendants breach of duty caused the injury. foreseeability : reasonably anticipate that damage or injury will probably ensue from acts or omissions. Application : Black argues that due to the long hours worked by the employee at William Insulation, the said employee was fatigued, and this allowed the said fatigued employee to drive recklessly on the road. WIC was not the one responsible for the fatigue of Ibarra-Viernes, the mployee worked on the
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: site for a ten hour shift, is paid a 30 per day for local boarding cost and Ibarra chose on his own, the how to spend the remainder of this time and money. Ibarra chose to drive 90 minutes to home, and take a second job on his spare time. Conclusion : No WIC is not liable for proximate cause to Black, because the injuries sustained by the decedent's injuries were not the natural and probable consequences of any acts of negligence by WIC. Since the harm to Black's decedent was not a foreseeable consequence of WIC actions. In different circumstance Black would claim compensatory damages for loss of life, emotional distress and lost wages. No punitive damages may be sought, since there was not intent....
View Full Document

This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

Ask a homework question - tutors are online