ABC Sign Company is in the business of designing and installing large billboard signs. Sandy is a nurse at the local hospital in California, which is a comparative negligence state. One evening, Sandy had to work a few hours overtime; and thus was running late to her daughter's school recital. After she "clocked" out from her shift, she ran to her car, jumped in, and took off as fast as she could to her daughter's school hoping she would not be late. The quickest way to the school is on a curvy highway where the posted speed limit is 50 MPH.  

Since she was late, and there was not much traffic on the road, she was speeding - driving almost 80 MPH.  As she came around a corner on the highway, she noticed that one of ABC Sign Company's signs had fallen into the road. She braked hard, and tried to swerve to go around the fallen sign - but no luck - her vehicle hit the sign, and flipped over. She survived the accident, but broke both her legs, and severely hurt her back. She may never work as a nurse again. ABC Sign Company designed and installed the sign about 4 years ago. Sandy sues ABC Sign Company for negligence, specifically alleging that the ABC Sign Company failed to inspect it sign. If the ABC Sign Company had inspected the sign, they would have seen that several of the supporting bolts had rusted through.

Does Sandy have a cause of action for negligence against ABC Sign Company? Use the IRAC System to answer this question.

Answer rating: 100% (QA)

Issue Does Sandy have a cause of action for negligence against ABC Sign Company Rule In a comparativ... View the full answer