we. . M- -...~_..... M ,_,_ M ....a_..,u_,..a..,_,,.. m. .mAul u Case study #3 Mrs. Giacomin was an older lady who lived on a hill in Halifax. It was February and Halifax had experienced several snow storms. The children in the neighbourhood had made a game of sliding down the hill on the sidewalk. The sliding made the snow turn to ice, which was quite slippery. Mrs. Giacomin had repeated yelled at the children to st0p their sliding activity. She worried about them sliding into her car as she was backing out of the driveway. She complained to the city about the slippery sidewalk. Where the sidewalk crosses her property, it is a dual responsibility for" Mrs. Giacomin and the city to keep it safe. Nothing was done by the city. She finally put salt on the sidewalk where it crossed her property. In addition she put a 4 inch square piece of wood across the sidewalk where it entered her driveway. Dakota Stonerock, an 8 year old boy, was attempting to slide down the sidewalk, as he had many times before. He stumbled on the salted section and then tripped over the piece of wood. He suffered facial lacerations, a broken nose and fractured wrist. Dakota's parents sued Mrs. Giacomin and the City of Halifax. Using the 4 elements of negligence (duty of care, foreseeability, causation, actual loss) , describe if you feel the Stonerocks should be successful in their lawsuit and why or why not. Be sure to explain who you feel is responsible for Dakota's injuries? If you feel that more than one party is responsible then divide up the responsibility in percentages and explain your reasoning. What is the term for the parents representing Dakota in this lawsuit? Your answer 1