Paul Pindel, age 23, but with the mental capacity of a five-year-old, lived in a group home
Question:
Paul Pindel, age 23, but with the mental capacity of a five-year-old, lived in a group home in a residential neighborhood in Mitchell City, along with eight other young adults with intellectual disabilities. The owner of the group home, Drew Dale, a licensed care provider, agreed to take Paul as a resident when his parents became unable to care for him. The home's mission was to provide a safe, comfortable, and supportive living environment for the residents.
Drew Dale had a security system at the home and a security protocol requiringall access doorsto belocked. Residents were allowed outside only when accompanied by staff, as required by a state statute that required group homes of the type owned by Drew Dale to have a secure security system that would permit residents to leave only when accompanied by a certified health care worker at the facility.
One day in July the front door of the home was left open. It is not clear why. Paul went outside, crossed the street, and got into a car owned by Dinty Darby. Paul somehow managed to start the car. He then fell asleep. The car had rusted out in the floor in places, and carbon monoxide entered the car. After discovering that Paul was missing, Drew conducted a search. He finally found Paul, two hours later, but by that time Paul had suffered serious brain damage due to carbon monoxide poisoning.
The State has a statute that reads as follows:
The person driving or in charge of any motor vehicle shall not permit it to stand unattended without first stopping the engine, locking the ignition and removing the key.
Darby had parked his car in front of his house, but he forgot to take out his key out of the ignitionand lock the car doors when he hurriedly got out of his car and ran to his house because of a heavy rainstorm that was about to start.
Based upon the above facts, answer the following questions under the statute Negligence Per Se:
- What impact will the group home statute have on Paul's right to recover against Drew Dale?
- What impact will Paul's mental incapacity have on his right to recover against Drew Dale?
- What impact will the key removal statute have on Paul's ability to recover against Dinty Darby?
Expert Answer:
Answer Based on the given facts and the principles of negligence per se heres how the statutes might impact the ability of Paul Pindel to recover damages from Drew Dale and Dinty Darby 1 Impact of the ... View the full answer
