Business Law Final nswer all questions like a law students brief State the Facts
ID: 416174 • Letter: B
Question
Business Law Final nswer all questions like a law students brief State the Facts, Cite the applicable law and facts, Support the reasoning for your decision and award damages in your decision applicable. Please type your answers Dorothy VerValen, of Kalispell, Montana, has filed a negligence suit against the city of Sultan, Washington. VerValen clalms that when she went to visit her grandfather's grave at Sultan Cemetary she sank down onto what remained of the 53-year-old cotfin, fracturing her left foot At the time, VerValen welghed 375 lbs. Robert Butier, the lawyer representing VerValen, accuses the clity of "knowlingl sinkholes happen, especially in pre-1960 graves and that they are "not doing anything to prevent It from happening." Dlana Blakney who represents the city of Sultan, challenged Butier's accusation that it is the city's responsibility. Citing the state Recreational Use Act and claiming sinco the cemetery is open 24 hours and does not charge fee, the city belleves visitors are "generally responslble for their own safety. VerValen Is seeking unspecified damages for "Injuries, legal costs and emotional distress. Rolf Rohwer, of Scotand, has filed a federal lawsuit against bulet manufacturers Federal Cartridge Co., of Anoka, Minnesota, and Trophy Bonded Bullets, Inc., of Houston, Texas. While Rohwer was on an African big game hunting safari he used a new type of ammunition, which he clalms failed to stop a charging lion that attacked and injured him severely. The bullet-a.458 Winchester Magnum, 500 grain Trophy Bonded Bear Claw-was advertised for use in big game hunting. Louis Franecke, Rohwers lawyer in San Rafael, California, alleges the ammunition was ineffective on the lion, stating, "This bullet is not suitable for killing a charging lion.' The bullet, which is designed to expand on impact and kill big game animals such as rhinoceros and hippopotami, passed through the thin skin of the lion. Rather than stopping the charging lion, the shot enraged the beast which mauled Rohwer, a wildife biologist. Officials with Federal Cartridge had no comment on the suit. Rohwer has since retuned to big game hunting according to his website.Explanation / Answer
The facts
Applicable law:
Negligence, Comparative negligence
Decision:
The most important point to prove negligence is duty to act or duty to care. A duty to care can be due to business relationship or other voluntary relationships for example, a land owner has a duty to care if he opens his land to general public for visiting.
In current case, the city has a duty to care as the cemetery is its property. Hence, the city is liable for negligence. However, the plaintiff is also supposed to take care of the fact that her weight is above the average weight of the persons. In such cases she is not supposed to sit on the having in adequate strength. This shows comparative negligence.
In this case, the court can award damages equivalent to the cost of treatment or nothing as plaintiff’s contributory negligence is also contributed to the incident.
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