On Friday night, February 3, United Van Lines driver Marcus Jacobs was speeding north on four-lane Highway 79 at the intersection of Highway 371 at the permitted limit of 35 miles per hour (
Torts
On Friday night, February 3, United Van Lines driver Marcus Jacobs was speeding north on four-lane Highway 79 at the intersection of Highway 371 at the permitted limit of 35 miles per hour (mph). The City of Minden managed the traffic light at the junction. The traffic light at the intersection of Highway 371 and Highway 79 was broken and “blinking yellow” for drivers going in both directions because of an electricity outage caused by a rainstorm the day before.
Jacobs’ vehicle suddenly died as he neared the crossroads, and he came to a complete stop. Twice this week, Jacobs’ engine failed, but he wanted to finish today’s run before sending the truck to the van line maintenance garage for servicing. This was the third time in a week that the gasoline pump on Jacobs’ truck had abruptly stopped working. Due to this, there would be periods where the engine would not get any gasoline. Jacobs put on the emergency break when the moving van became stuck in the left passing lane, got out, and started walking toward the GMC truck dealership he could see two blocks distant along Highway 79.
About five minutes later, another motorist, Justin Roberts, approaching the junction in the parallel lane to the right of the halted moving van, was test-driving a brand-new 2023 Ford Mustang from the Friendship Ford Dealership. At first Roberts stopped dead, but then he noticed the yellow light flashing ahead. Roberts was unable to see to his left due to the stopped moving van, but he continued through the crossing. When Roberts approached the crossing, he “floored” the Mustang’s accelerator, causing the tires to screech and the rubber to peel.
By doing so, Roberts collided with a motorcyclist named Sade Smith, who was heading east on State Route 371. Smith’s motorbike was going 5 mph slower than the legal limit. Smith, like Roberts, entered the junction despite the flashing yellow light because she mistakenly believed the signal was operating properly. As Roberts caught sight of Smith, it was already too late for him to turn back. Smith’s knee was shattered, her wrist was broken, and she had several scrapes and bruises when she was flung off her motorbike after being hit by Roberts’ automobile.
Within the allotted time of fifteen minutes, two police officers arrived to look at the situation. During initial interviews with all three drivers, one police officer made the offhand observation, “It seems to me that Mr. Roberts and Ms. Smith may have seen 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. But I’m curious about the city’s broken traffic signal. At least eight calls to the city’s maintenance department about this light have been made since yesterday. A second officer approached Jacobs and asked, “Sir, you do know that under the state motor vehicle code it is illegal for anyone to leave a vehicle unattended on a public highway?” Smith, who was injured in the accident, is suing United Van Lines, Jacobs, Roberts, Friendship Ford, and the city of Minden for negligence.
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.
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