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Terry PC1 Brief

Terry PC1 Brief - that was used by Meagher during driving...

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Terry Williams v. Cingular Wireless Issue : Is Cingular Wireless liable for negligence to Terry Williams? 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 : Terry argues that Cingular should have known that when issuing a phone to Meagher, it was going to be used while operating a motor vehicle. When Cingular gave the phone to Meagher, it was knowingly breaching the duty, because distracted drivers can get into accidents. Terry was involved in an accident with Meagher where Terry sustained injuries. Cingular furnished a phone
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Unformatted text preview: that was used by Meagher during driving, which was responsible for the accident. Cingular owes no duty to the use of the phones furnished to clients. Cingular did not breach any duty, because they are not liable as to the use of the phone sold to Meagher. We agree that Terry was injured. In no way was it foreseeable, that issuing a phone to Meagher would result in an injury to Terry. Conlusion : No Cingular is not liable for negligence to Terry, because the requirements are not met. Cingular could not predict that issuing a phone to Meagher would result into injuries to others, and they are not responsible for the use of the phone. In different circumstance Terry would get compensatory damages for medical expenses, repair costs and lost wages. Terry may not seek punitive damages, as there was no intent involved in the case....
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