Did Valley of Sun have a duty to Griffith? If so, did the company breach its

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Did Valley of Sun have a duty to Griffith?
• If so, did the company breach its duty?
• If so, was the breach the factual cause of the injury?
• If so, was this type of injury foreseeable?

Don Gorney was a “repo man”—someone authorized to find and take cars whose owners are behind on payments.
A repossessor is allowed to drive away in such a car, provided he can do it peacefully. Gorney worked for Valley of Sun Recovery. He sought a car belonging to Linda Marsalek and Bob Williams. Gorney knew that there had been other, failed efforts to repossess the Marsalek car, including a violent confrontation involving attack dogs. He thought he could do better.
Gorney went to the car at 4:00 in the morning. He unscrewed the bulb in an overhead street lamp. He unlocked the car, setting off its alarm, and quickly hid. The alarm aroused the neighborhood. Williams and a neighbor, Griffith, investigated and concluded it was an attempted theft. They called the police. Gorney watched all of this from his hiding place. When everyone had gone, Gorney entered the car, again setting off the alarm and arousing the neighborhood. Williams and Griffith again emerged, as did another neighbor, dressed in his underwear and carrying a shotgun. They all believed they had caught a thief. Williams shouted for the gun and the neighbor passed it to him, but it went off accidentally and severely injured Griffith.
Griffith sued Valley of Sun. The trial court granted summary judgment for Valley of Sun, and Griffith appealed.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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