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Teresa was driving in Ellensburg, WA to meet her friend Sarah for a lunch date. Teresa was always late and the same was true today while driving. She realized she might be late for the lunch date and so she decided to text her to let her know that Teresa she was running late. While dialing Sarah's number, Teresa lost control of her car and hit a telephone pole. The pole broke, fell over, and rolled down the street. About a block away, the pole rolled toward Harry, a man, who was walking across the street. Fearing for Harry's safety, 80 year old Horace, ran into the street, jumped in front of the moving pole, and pushed the startled Harry out of its path. Unfortunately, the pole ran over Harry's leg and crushed it. Harry will need medical treatment for these injuries for the rest of his life. Prior to these events, Ellensburg had passed an ordinance forbidding the use of a cell phone by an automobile driver while driving. The ordinance was passed in response to community concerns that cell phone use while driving is distracting and causes motor vehicle accidents. The penalty for a violation of the ordinance is $100. Horace also suffered injuries. Conduct a negligence analysis, with all elements, explain what each element is and then apply the facts to each element to determine whether there is any negligence here and by whom. The discuss any defenses which might be applicable. Issue Spotter 4 Teresa was driving to meet her friend for lunch and distractedly used her cell phone while driving, leading to her losing control of her car and hitting a telephone pole. The pole rolled down the street and ran over Harry's leg, causing him to need medical treatment for the rest of his life. Horace, an 80-year-old man, bravely ran into the street to save Harry from the pole, but also suffered injuries. Ellensburg had recently passed an ordinance forbidding the use of a cell phone while driving, and the penalty for violation is $100.
There are four negligence elements in this case: Duty of care, a breach of duty, causation, and damages. Firstly, Teresa had a duty of care to drive safely and not be distracted by her phone, and obey the laws of Ellensburg, WA. In this case, Teresa was driving while using her phone which means she could be held liable for negligence. Additionally, Horace could be held liable for negligence, as he acted recklessly by running into the street and jumping in front of the pole, which ultimately led to Harry's injury. Secondly, the breach of duty element to establish negligence is that Teresa violated the ordinance prohibiting the use of a cell phone while driving. By texting while driving, Teresa was in breach of her duty to obey the local ordinance and thus was negligent in her actions. As a result, Horace was injured while trying to save Harry from being run over by the telephone pole. Therefore, Teresa is ultimately responsible for the injuries suffered by both Harry and Horace and should be held liable for their medical expenses. A reasonable person would not be using their phone while driving. Teresa would have violated her duty of care to others. Thirdly, the causation element of this negligence case is whether Teresa's actions were the direct cause of Harry's injury. Teresa's use of her cell phone while driving caused an accident that injured Harry. She violated a driving ordinance, which supports her negligence. This negligence led to her losing control of the vehicle and the telephone pole rolling toward Harry. If Teresa driving with negligence, it’s foreseeable that she might lose control and hit a pedestrian. Harry is able to recover damages as Teresa and Horace are both held liable for his injury due to their negligence. Teresa is responsible for distracted driving, which caused the pole to slide and hit Harry, while Horace is responsible for placing Harry in danger.
other words, despite knowing the potential danger he was placing himself in, he still chose to act. Therefore, Teresa cannot be held liable for any of the harm Horace suffered since it was his own decision to take the risk. Teresa was aware of the dangers of using her mobile phone while driving, yet she chose to do it nonetheless. As a result, she accepted the risk of her acts and may be held liable for any damages caused by her negligence. Furthermore, when Horace raced into the street to save Harry from the pole, he incurred the risk and may not be entitled to recover damages for his injuries.
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