Author Archives: Anonymous
Dan lives in State C. State C has a statute that says, “tex…
Dan lives in State C. State C has a statute that says, “texting while driving a motor vehicle is prohibited.” One day, Dan was driving his car down a residential road. While he was driving, he texted his girlfriend, and failed to see Paula, who was walking across the street. Paula was using the crosswalk while the “walk” sign was on. Dan’s car hit Paula, breaking her leg. After the car hit Paula, she managed to hop the last few feet across the street. Then she sat down since her leg hurt and she could no longer walk on it. She happened to sit in Joe’s yard; no harm was done to Joe’s yard as a result. Paula was taken to the hospital, where she had surgery. She also had follow-up appointments with her doctor. Her total medical bills are $5,000. She also had to take off one week from work, which cost her $1,000 in lost wages. Paula’s son, Pat, was with Paula, and saw the accident. Pat has suffered nightmares for several weeks, ever since he saw his mom get hit by Dan’s car. Thoroughly discuss these questions: Is Paula likely to succeed if she files a negligence claim against Dan? Can Joe bring a cause of action against Paula? If so, does she have any defenses? Can Paula file a cause of action on behalf of her son, Pat, against Dan?
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