Torts-Negligence

Torts-Negligence

Review the fact pattern below.

• Prepare a memorandum of not less than three, but no more than five, pages addressing the following:
  • Identification and analysis of all potential defendants including
    • Duty owed
    • Whether duty was breached
    • Whether actual cause can be established
    • Whether proximate cause can be established
  • Identify any potential issues of contribution or indemnification (assume that the state legislature for Wisconsin has adopted the doctrine of joint and several liability)

preview of the answer…

 This case is a negligence claim by Alexis for personal injuries resulting from an accident that she was involved in as passenger in one of her employer’s car that was driven by Lisa at the time of the accident. The accident occurred due to the actions of another driver who failed to stop at a traffic light and crashed into the passenger’s side of Lisa’s car. According to police report, the driver was a college student who claimed that his reason for failing to stop was due to the defective brake that he had changed earlier in the week. The police report confirmed that the car braking system was actually defective. Also, the reason why Lisa was unable to spot the on-coming vehicle was because she was using her phone ….

APA 569 words