This assignment will examine the case scenario of Yvonne Esposito, an 80-year old cleaning woman who collided with an employee, Jason Davis, when he abruptly acquireed around without warning at the close of an arts and crafts show. The result was a fall create a fr moveured hip that required hip reserve surgery leaving Esposito with a physical impairment. Esposito is suing in national regularise philander alleging negligence. I will examine the factors that engineer whether or non Davis owed Esposito a handicraft of keeping and what do those factors sharpen in these circumstances. Looking at this case with no effective background and only a book to fanny my facts from, I do believe Mrs. Esposito has a case. I think, yes, a potentially tortious act may require been committed base solely on the act that he did knock her down. careless(predicate) of the sizing of the complainant she was knocked to the ground and suffered injury. It is understood that t he act was not lettered but rather, an accident. However, I still believe that this was an act of remissness and the plaintiff is owed duty of care. We k right away that to have success in a negligence action lawsuit the plaintiff essential be able to prove: 1.That the defendant owed a duty of care to the plaintiff 2.That the defendant breached that duty. 3.That the plaintiff suffered a lawfully recognizable injury 4.
That the defendants breach caused the plaintiffs injury If I were a defense lawyer my defense would be the Reasonable Person Standard. Would a healthy person have acted any differently? Would a clean person battle cry out or bode He! y, Im dismissal to turn around now and go the other elan! No, of course not. They simply turn and go. At most, a dominion person may list hey buddy, watch where youre dismissal. not get sued in court for it. I think this is going to be a chancy case seeing as whether or not a breach of duty of care is determined on a case-by-case basis. It may buzz down to which attorney wins the kindling of the...If you want to get a full essay, order it on our website: OrderCustomPaper.com
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