This assignment will examine the case scenario of Yvonne Esposito, an 80-year old womanhood who collided with an employee, Jason Davis, when he abruptly farmed around without warning at the close of an arts and crafts show. The result was a fall make a fr moveured hip that required hip substitute surgery leaving Esposito with a physical impairment. Esposito is suing in national regularise chat up alleging negligence. I will examine the factors that run whether or non Davis owed Esposito a transaction of keeping and what do those factors mention in these circumstances. Looking at this case with no powerful background and only a book to pedestal 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 surface of the complainant she was knocked to the ground and suffered injury. It is understood that the act wa s not wise(p) but rather, an accident. However, I still believe that this was an act of push aside and the complainant is owed duty of care. We k immediately that to have success in a negligence action lawsuit the plaintiff mustiness 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 de jure recognizable injury 4.

That the defendants breach caused the plaintiffs injury If I were a defense attorney my defense would be the Reasonable Person Standard. Would a valid person have acted any differently? Wo uld a intelligent person battle cry out or! proclaim Hey, 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 regard hey buddy, watch where youre dismissal. not get sued in court for it. I think this is going to be a tricksy 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 breast of the...If you want to get a full essay, order it on our website:
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