Rob, age 62, went shopping at Walmart. After parking his car, he started walking across the parking
Question:
Rob, age 62, went shopping at Walmart. After parking his car, he started walking across the parking lot to the store. Another vehicle entered the parking lot and started driving across the parking lot at a high rate of speed. That vehicle hit a shopping cart, and the shopping cart hit Rob from behind, knocking him to the ground. The vehicle that hit the shopping cart sped away at a high rate of speed. Rob hit his head on the asphalt, causing a concussion and memory loss. Rob also suffered a broken hip and a broken arm. He was hospitalized for three days, and the hospital bill was $14,800. Rob missed four weeks of work, and his lost work earnings were $5,000.
Two shoppers who witnessed the cart hitting Rob called the police. Both said the driver who hit the shopping cart was driving too fast. Surveillance camera footage verified the reports of the witnesses. Police located the car and driver later that day. He was arrested for leaving the scene of an accident and driving recklessly.
Three months after the accident, Rob hired a lawyer and sued the other driver. He alleged the driver of the vehicle that hit the shopping cart injured him (Rob) through his negligent actions.
a. Rob won the lawsuit because the other driver was determined to have been negligent. Explain how the four-part test of whether an act is negligent was satisfied in this particular case. Cite each part of the test and note how it was satisfied.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts