Apply the LA Duty Risk Analysis for negligence on this fact pattern. Suggested Format for a Duty/Risk*
Question:
Apply the LA Duty Risk Analysis
for negligence on this fact pattern.
Suggested Format for a Duty/Risk*
Outline of Format
Introductory Statement -
Frame the issue regarding potential negligence liability as a conclusion statement
or issue statement.
Identify the potentially liable party (D), the victim or person bringing the suit (P)
and the potentially negligent conduct.
Rule Statement -
a. State that Louisiana uses duty/risk analysis and list the elements of duty/risk. III. Analysis -
a. Analyze each of the five duty/risk elements using mini IRAC format.
Introduce the element.
Provide the pertinent rules/definition for the element.
Apply the rules/definition for the element to the facts.
Reach a conclusion on whether the P will likely be able to prove the
element.
IV. Conclusion-
a. State whether the D will likely be held liable for negligence, i.e. whether P will likely succeed in his/her negligence claim.
Marsha Mathers was driving her brand new 2022 SUV down the main street of her hometown of Houma, Louisiana, on March 1, 2022. As she approached an intersection, Marsha heard her cell phone ring. She had dropped it on the passenger side of the car when she got in the car. As she reached for her cell phone, she drove through a yellow light which turned red as she was in the center of the intersection. Marsha's two-year-old twin girls, Marcy and Cathy, were in the back of the car in car seats.
Odell Beckham, age 17, was approaching the intersection at the same time. His light was red as he approached but he knew that it was about to turn green, so he did not deviate from his speed of 20 miles per hour. Odell saw Marsha's car approaching the intersection but assumed she was heading toward a yellow or red light and that she would stop before his light turned green. He proceeded toward the intersection so that he could make a left hand turn on Main Street. Odell had just gotten his truck back from his parents who had taken it away because he had gotten two speeding tickets in the last six (6) months. Since then, he had always followed the speed limit.
Odell's truck and Marsha's SUV collided in the center of the intersection. Marsha did not see Odell approaching the intersection. Marsha, who was not belted, was thrown from the vehicle and sustained life-threatening injuries. She was unconscious until the paramedics arrived.
The twins were screaming and hysterical when the paramedics arrived on the scene. They were crying, pointing to Marsha and screaming "Momma." Marsha was lying in a heap on the side of the road, her bloody face visible to the twins. The twins had to receive counseling for almost a year due to the nightmares they suffered after the incident. They would often wake up screaming and crying out "Momma."
Marsha has not been the same physically or mentally since the accident. She cannot care for the twins by herself. She has had hip replacement surgery, knee replacements of both knees, and now is in need of cervical surgery. Marsha cannot sleep and continues to have nightmares about the accident. She has had counseling which continues, and her doctors have indicated that she continues to need extensive therapy and medication. She has had to hire babysitters, housekeepers and gardeners to do the work she did before the accident. So far, she has spent $10,000 for these services. Her medical expenses exceed $250,000.00.
Marsha's husband Stephen has had to take over a lot of the duties at home but he travels a great deal in his work leaving Marsha home alone with the twins. He agreed that someone should be hired to assist Marsha while he is away 3 to 4 days a week.
Marsha has been a stay-at-home mom since the birth of the twins, but before they were born she worked as a Certified Public Accountant with the largest firm in town. Her salary plus bonus for the last year she worked was $80,000.00. All of her benefits were paid by the firm including insurance, health savings account, 401k and vacation pay. Her doctors say she can never work as a CPA again. She had intended to go back to work as a CPA when the twins enter pre-school in the fall of 2024.
Odell was wearing his seatbelt but he suffered a broken right arm as a result of the collision. He is a senior at the local high school and has been unable to complete his schoolwork. He is concerned he might lose his scholarship to LSU. His parents cannot afford to send him to college. Odell's parents paid $5,000.00 for his medical expenses. Odell's parents have taken back his truck and it is parked in the driveway. Odell is now bumming rides from friends.
Discuss all tort issues involved in the above facts and the damages any of the involved parties may recover.
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs