Exercise 2-H Consider whether a court would decide that the plaintiff ANALYZING LEG following case could succeed in the described lawsuit. Use these 1. Read Sm questions as a guide. a. Is the issue the same or analogous to the issue in Sinn; the problem in the b. Are the relevant facts analogous or distinguishabler negligence, is Dau be litigated in the Would the court's reasoning in Sinn lead to the same or a different result? Judith Smith d. What impact, if any, would the policies behind the loft lying on the decision in Sinn have on this case? his son, the eleve the yard with the . In light of the answers to these questions, is it likely that up the golf club a court will follow the holding in Sinn? In swinging the about the jaw an Bobby Jones' parents brought a claim for negligent infliction o emotional distress on behalf of their child. They allege that the har Smith alleg warn her of his was occasioned when Bobby witnessed his first cousin Stuart drown he knew she wa the property of Steven Bain, as a result of Bain's negligence in ra Smith also erecting a fence around his lake. Bain is a landowner in Brockton liable for his so Pennsylvania. golf club was on Both boys are eight years old. Bobby and Stuart grew up literally play with it, an in the same house; Bobby's parents lived on the first floor and Stuarts the negligent u child, he neple parents lived on the second floor. Their mothers were sisters. Butly caution Jimmy and Stuart were born within six weeks of each other. Their mother describe them as "inseparable," practically since birth. Stuart's mother James Al said Bobby was "like a brother" to Stuart. Bobby and Stuart played complaint to s him together as toddlers, were in the same pre-school class, and stayed is the same class from kindergarten through grade four. They were cos The demu scouts in the same troupe, members of the same little league team, and against unre negligent and played together after school and on the weekends. person, howe One afternoon, the boys were playing not that far from their home that are not r They walked over to the lake on Bain's property and skipped a occur that stones. Then Stuart waded in because he saw something shiny in the disregarded. water. He swam towards it, not realizing that it is neg zing how quickly the lake deepened. When Stuart realized he could not stand, he panicked a knife, for es father canno started flailing about and calling for help, but Bobby, a poor swimm could not help him. Bobby ran for help, but by the time they returne ten minutes later, Stuart had drowned. David P his suburban Since the incident, Bobby has had panic attacks, vomit hammer and episodes, weight loss, and nightmares where he wakes screams eleven-year- of his acute distress. Stuart's name. His parents have taken him to see a therapist becau Aarons, we 3 This exam IConn. Super. C