this is a comparative negligence issue. using three sentences or more answer question 13

ICE HO HO Willkway a short time before Myers took her tumble. Nevertheless, an ice patch had formed, and Myers did fall, sustaining injuries. Cooper, one of the employees charged with the ice- removal task, theorized that water may have been splashed up onto the sidewalk by passing cars where it froze sometime after their initial cleaning of the day. According to Cooper, "the vehicles could have splashed this back up on there ... we're constantly moving around the building at all times, so anything can be going on in this half of the building while you're over here doing this half coming around." Was Forest City negligent in failing to keep the sidewalk clear of ice at all times that winter? What test would be used to judge Forest City's conduct? Explain. [See: Myers v. Forest City Enterprises, Inc., 635 N.E.2d 1268 (OH).] 13. Michelle Wightman was driving toward a railroad crossing at which the gates were down and the lights flashing. Wightman noted a stopped train a short distance from the gate, Believing the stopped train to be the cause of the closed gate, she drove around the gate and was struck and killed by a train that suddenly appeared from behind the stopped train. The stopped train had blocked her view of the oncoming train. Both trains were owned and operated by Consolidated Rail Corporation (CRC). Wightman's mother brought a wrongful death lawsuit and a survivorship action against CRC. In response, CRC claimed that Wightman's action of driving around the gates, in violation of both state and city law regarding the operation of a motor vehicle at a railroad crossing, constituted negligence on her part Furthermore, CRC argued that if Wightman had not crossed the tracks, she would not have been struck by the train. Therefore, her actions were the sole cause of the accident, and the railroad corporation should not be held liable for her death. The attorney for the plaintiff argued that the placement of the first train, blocking the view of the other track, contributed to the accident and that CRC should be held liable for Wightman's death. Should Wightman's own negligence be a complete bar to the plaintiff's recovery of damages in this case? Explain. (See: Wightman v. Consolidated Railroad Corporation, 640 N.E.2d 1160 (OH).) MacBook Air 888 FG % 5 & 7