TORTS 2 BRIEF THIS NEGLIGENCE FACT PATTERN USING LA DUTY RISK

THE ELEMENTS OF LA DUTY RISK

The duty- risk analysis consists of five elements that a plaintiff must prove: (1) cause in fact, (2) duty, (3) scope of the duty (scope of the risk), (4) breach and (5) injury or damages.

FORMAT OF THIS TASK-

1. 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.

2. Rule Statement -

a. State that Louisiana uses duty/risk analysis and list the elements of duty/risk. III. Analysis -

b. Analyze each of the five duty/risk elements using mini IRAC format.

The duty- risk analysis consists of five elements that a plaintiff must prove: (1) cause in fact, (2) duty, (3) scope of the duty (scope of the risk), (4) breach and (5) injury or damages.

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.

Facts-

On March 1, 2022, Marsha Mathers drove her new 2022 SUV down Houma's main street. Marsha's phone rang near an intersection. She dropped it on the passenger side when she got in. As she reached for her phone, a yellow light turned red. Marcy and Cathy, Marsha's two-year-old twins, were in car seats in the back.

Odell Beckham, 17, also approached the intersection. He kept his 20-mph speed because he knew his light was about to turn green. Odell saw Marsha's car approaching the intersection and assumed she would stop before his light turned green. He approached the intersection to turn left on Main Street. Odell's parents had taken his truck back after he got two speeding tickets in six months. He followed the speed limit ever since.

Odell's truck hit Marsha's SUV in the intersection. Marsha missed Odell approaching the intersection. Marsha, unbelted, was thrown from the car and suffered life-threatening injuries. Paramedics found her unconscious.

Paramedics found the twins screaming and hysterical. "Momma," they cried, pointing to Marsha. Marsha lay bleeding on the roadside. Due to post-incident nightmares, the twins needed counseling for almost a year. They often woke up screaming "Momma."

The accident changed Marsha mentally and physically. She cannot raise the twins alone. She needs cervical surgery after hip and knee replacements. Marsha can't sleep and has accident nightmares. Her doctors say she needs more therapy and medication. She now hires babysitters, housekeepers, and gardeners. These services have cost her $10,000. Her medical bills exceed $250,000.

Marsha's husband Stephen helps out at home, but he travels a lot for work, leaving her alone with the twins. He agreed to hire someone to help Marsha while he is away 3-4 days a week.

Since having the twins, Marsha has been a stay-at-home mom, but before that she was a CPA at the town's largest firm. Her last-year salary and bonus was $80,000.00. The company covered her insurance, HSA, 401k, and vacation pay. Doctors say she can never be a CPA again. In 2024, she planned to return to work as a CPA.

Odell broke his right arm in the crash despite wearing his seatbelt. He's a local high school senior who can't finish his homework. LSU scholarship loss worries him. His parents cannot afford college. Odell's parents paid $5,000 for medical expenses. Odell's parents have his truck in the driveway. Friends are giving Odell movesinrides from friends.