This is a discussion:
Read: Chapters 5 and 6 in your textbook, Mastering Torts: A Student’s Guide to the Law of Torts, by Vincent R. Johnson
Chapter 5: “Negligence Basic Principles” (pp. 77–107)
Chapter 6: “Proving Negligence” (pp. 109–117)
Have some fun this week applying what you have learned to a rather complicated hypothetical situation where you will determine whether the
defendant is negligent and whether he/she has any defenses. You will read the following scenario and identify persons who might have acted in a
negligent manner. You need not discuss all of the possible defendants. Remember that in order to assess whether someone was negligent in a given
situation, you must ask five questions: was there a duty to act/not act; was there a breach of that duty; was the breach a cause in fact of the
injury; was there proximate cause; and are there damages? All five questions must be answered in the affirmative for there to be liability for
negligence.
Important: Was the conduct complained of the cause in fact and proximate cause of the injury or was there a superseding cause of the injury (an
independent cause)? Was there another incident in addition to the first cause of injury that helped to cause that injury? If so, this would be
an intervening cause that does not break the original chain of causation and does not cut off liability for the first tortfeasor.
When you read the scenario, identify possible plaintiffs and defendants. Then analyze whether a defendant was negligent, using the five-part
test outlined above. State what facts and assumptions you are relying on in finding whether or not an action for negligence exists. See how many
instances of negligence you can find in the hypothetical. Are there defenses available to the defendant, and if so, what are they? Remember, you
need not identify each and every possible negligence action in the scenario — just do the best you can.
Hypothetical
Belinda is driving along County Road 12 with her favorite radio station playing loudly in her car. A deer crosses the road and, because she is
not paying attention, she swerves to avoid it rather than slowing down and avoiding it altogether. The deer has also swerved to avoid the car
and in so doing, has rammed his antlers into the face of Darlene, a hiker on the side of the dirt road who was taking pictures of the scenery.
Belinda calls 911 and the ambulance is just about to reach the scene when the music from Belinda’s car distracts the driver who slams on his
breaks but nevertheless bumps into Belinda’s car. The impact of this dislodges the cellphone in Belinda’s hand, sending it into the forest of
trees at the side of the road. Darlene is a model and the antler injuries have forced her to have several plastic surgeries but her scars have
ended her modeling career forever. Belinda hunted all day for her cellphone but she could not find it. It has on it the only copy of her secret
passcodes she uses for her work as a top secret CIA agent. Luckily, Jim finds the phone the next day while out hiking. In his day job, Jim works
as a highly trained IT professional for a major defense contractor. At night, Jim works to help computer hackers break into top secret
governmental files and spread news of what the government is doing “behind our backs” (Jim’s words). Jim quickly realizes that the phone he has
found belongs to a CIA employee and easily cracks the passcodes to access top secret government data on the location of uranium deposits the
government plans to use to make bombs. He informs the hackers of the location of the uranium. The hackers find it, make several bombs, and
explode them the next day at the Pentagon and the CIA headquarters. The blasts kill 90 highly placed CIA agents and military officers and
results in the destruction of countless pieces of classified military secrets and information.
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