The Smith family was traveling on their summer vacation from Massachusetts to Wy

Question

The Smith family was traveling on their summer vacation from Massachusetts to Wyoming. Along the way, the family was involved in an accident when they proceeded to drive through an intersection; they had the green light. At that same moment, the Jones family plowed through the opposite red light, hitting the Smith’s car, causing major damage to the car and injuries to Mr. and Mrs. Smith, who were in the front seat. Mr. Smith, being a cautious driver, believes that he can sue Mr. Jones under the theory of negligence.

A. Is Mr. Smith correct? Where could he sue Mr. Jones? Explain your answer using facts in the scenario and the elements of negligence to demonstrate your position in favor of Mr. Smith as the plaintiff or Mr. Jones as the defendant.

Explanation / Answer

Yes, Mr. Smith is correct.

He could sue Mr. jones in the court of law.

The essential elements of negligence can be summarised as: A person would be liable for negligence if one party suffer losses by the negligence of another party and the other party has actually suffered a loss in real. In this case Mr. smith suffered a loss of physical injury by the negligence of Jones family and hence Mr. smith can sue Mr. Jones.

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