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Theory 2 (bystander)-No duty owed to 3rdP’s distress resulting from fear of another’s safety unless:1.3rdP is in zone of danger2. 3rdP is a close relative of injured person 3. D has knowledge of 3rdP’s presence and relationship with injured party.3
FACT DISCUSSION AS TO WHETHER D MET STANDARD OF CARE – 1.What D did wrong?2.Was D’s act unreasonable? Why?Negligence per se (statute violation/ conclusive presumption of duty and breach/ P must then establish causation and damages)3.Causation: P must show both actual cause and proximate cause To prove Actual Cause, P must show that injurywould have not occurred BUT FOR D’s breach (D’s failure to…)1.Where the consequences of D’s breach foreseeable? 2.Did P’s injury result from the risk created by D?Direct Cause-> D liable; Eggshell Theory (take your P as you find her)4. Damages (not presumed) PROOF OF ACTUAL DAMAGES REQUIRED!P must mitigate and no attorney fees are recoverablePast damages: medical expenses, lost earnings, and pain and sufferingFuture damages: future medical bills, lost earnings, future pain and sufferingPunitive Damages = NO unless D’s conduct is “wanton and willful”Egg-shell skull doctrine= D is liable for all damages, including aggravation of an existing condition, even if the extent or severity of the damages was unforeseeable.