formatting is: 1â€ margins all around, double-spaced, Times New
Roman, 12-point font. No headers, extra spaces between paragraphs â€“ none of the little tricks
that take up space.
This time, you answer 3 out of 5 questions. There is a 1 page minimum per answerâ€¦which
equates to an â€œaverageâ€ score. As always, if you want a better scoreâ€¦do more than the minimum
work required. I can tell when a student has done the work and when they have waited until the
last minute to throw something together. Donâ€™t be in that latter group.
Olivia is a single mother. She takes her daughter Stella (two years old) to a local playground.
Olivia starts talking with another young parent, Ryan. Olivia is distracted by Ryanâ€™s good looks.
Meanwhile, Stella starts to wander over to the road.
Ryan notices a possible catastrophe and rushes out after Stella. Ryan just manages to save Stella
from being run over by Bob, who is driving an unregistered van with very dark tinted windows
within the speed limit. However, Ryan has too much forward momentum and collides with Bobâ€™s
van. Ryan is seriously injured. Bob skids off the road and crashes into some playground
equipment that is within feet of the roadway. A young boy is knocked off the equipment but not
seriously injured. His mother, on the other hand, is so traumatized by the accident that she faints
and is knocked unconscious after hitting her head on a rock. Laura, driving behind Bob a bit too
close sees the above-related events at the last moment because she is checking a text message.
Laura puts her foot down hard on the brakes. Lauraâ€™s car skids and she loses control after her
front wheel hits a very deep pothole in the road. She is killed instantly.
There will surely be a number of lawsuits filed.
*1. First, describe in detail what it means for a person to owe another person a â€œduty of care.â€ Then,
for each person mentioned in the facts (or anyone you can think of that is not specifically
mentioned), tell me if they owed a duty of care to anyone else and why.
2. One potentially unnamed entity would be the government agency (city, town, etc.) that is
responsible for the playground and its equipment as well as the condition of the road. Tell me
what duties that government agency might owe to each of the persons mentioned in the facts.
Was there any breach of duty? What issues might exist with respect to proximate cause?
3. If this case was submitted to you as a judge, what questions might you have before you issued a
ruling? Who do you think is entitled to damages? Who do you think is liable for damages, if
anyone? Are there any facts you need before ruling?