Marcus Jacobs, the driver of a United Van Lines moving van, was going north in the passing lane on four-lane Highway 79 at 35 mph as he approached a crossing-intersection with Highway 371. C
TORTS
ANALYZE ELEMENT OF DUTY IN THIS HYPO- USE SKELETON
Read this hypo for Torts and answer only IF THE ELEMENT of duty was met. This is for Louisiana Civil Law Torts. Once you read the hypo, fill in the skeleton below to answer if the duty element was satisfied. Apply any tests you may deem necessary but stick to the skeleton for the most part.
Hypo
Marcus Jacobs, the driver of a United Van Lines moving van, was going north in the passing lane on four-lane Highway 79 at 35 mph as he approached a crossing-intersection with Highway 371. City of Minden traffic signals controlled the intersection. Traffic on Highway 371 and Highway 79 was “blinking yellow” due to a rainstorm the day before that caused a short electricity outage.
Jacobs’ truck engine failed as he reached the junction and stopped before the intersection. Jacobs’ engine had stalled twice this week, but he intended to finish today’s run before sending the vehicle to the van line maintenance garage for weekend servicing. For the third time this week, the truck’s gasoline pump failed, unbeknownst to Jacobs. Hence, the engine sometimes lacked gasoline. When the moving van halted in the left passing lane, Jacobs engaged the vehicle’s emergency brake, got out, and ran two blocks down Highway 79 to the GMC truck shop for help.
Justin Roberts, test driving a 2023 Ford Mustang from Friendship Ford Dealership, entered the junction five minutes later in the parallel lane to the right of the halted moving van. Roberts stopped until he noticed the traffic signal blinking yellow. Despite the stopped van blocking his vision to the left, Roberts continued through the crossing. With tires screeching and rubber peeling, Roberts “floored” the Mustang’s accelerator and entered the junction 10 miles over the speed limit.
Roberts hit Sade Smith’s eastbound motorbike on Highway 371. Smith’s motorbike was five mph under the limit. Smith, like Roberts, entered the junction assuming the blinking warning light was in her favor. Roberts noticed Smith too late to stop. Smith was flung off her motorbike by Roberts’ automobile and suffered a fractured leg, wrist, and scratches and bruises.
Two police officers investigated within 15 minutes. “It seems to me that Mr. Roberts and Ms. Smith may have noticed each other in enough time to prevent the collision if the moving van had not impeded both Roberts’ and Smith’s views of the junction,” one police officer said after interviewing all three drivers. The city’s broken traffic signal concerns me. I’ve phoned the city’s maintenance staff eight times about this light since yesterday.” The second police officer asked Jacobs, “Sir, you do know that under the state motor vehicle code it’s illegal for anyone to leave a vehicle unattended on a public highway?” Sade Smith filed a negligence suit against United Van Lines, Marcus Jacobs, Justin Roberts, Friendship Ford, and the City of Minden for her injuries.
As a result of the injuries she received, Sade Smith has filed a negligence suit against, United Van Lines, Marcus Jacobs, Justin Roberts, Friendship Ford, and the City of Minden. Please discuss all the possible ways duty may be established or fail to be established for each listed defendant.
Skeleton
2ND, the plaintiff/s must prove duty. Duty is a legal issue. The element of duty inquires if the plaintiff has any statutory or jurisprudential law to back up his claim. It must be determined what standard of care should have been used. In Louisiana, the duty element is often decided by the “reasonable person” test. This means the defendant must behave as a reasonable, ordinary, prudent person under the same circumstances. There are also alternative tests to establish the standard of care including custom, negligence per se (when statute is violated), and res ipsa loquitur.
You should draft separate templates for the alternative
tests for duty!
In this case, ____________ had a duty/did not have a duty to _____________________ because ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Thus, the plaintiff will/will not likely be able to prove the duty element.
the alternative tests here. However, if one of the alternative tests applies to the facts, you must
(NOTE: I merely mentioned
provide the rules/definition for the test.)
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