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http://www.nytimes.com/2010/10/29/nyregion/29young.html?_r=0. 1. Why may the actions of Juliet Breitman and Jacob Kohn be viewed by some as negligent? 2. Why may the actions of their mothers be viewed by some as negligent?
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http://www.nytimes.com/2010/10/29/nyregion/29young.html?_r=0 1. Why may the actions of Juliet Breitman and Jacob Kohn be viewed by some as negligent? 2. Why may the actions of their mothers be viewed by some as negligent? 3. Do you believe a 4 or 5 year old is capable of negligence? Explain.
Negligence Torts Essential Questions: What must a plaintiff prove in order to recover damages for a negligence tort? What are the defenses to negligence torts?
“Horse trainer who lost eye gets $750,000” 1. The jury obviously found that Lion Hearted Stables owed a duty of care to Steven Mick. Explain why they would have felt that way. What duty of care do they owe him? 2. The jury obviously found that Lion Hearted Stables breached the duty of care that they owed to Steven Mick. Explain why they may have felt this way. Would this be considered a “commission” or an “omission”? 3. According to the jury, how much in damages (monetary amount) did Steven Mick sustain? How do you think they arrived at this dollar amount? For what did he deserve to be compensated? 4. According to the jury, how much responsibility did Steven Mick bear for his own injury? Because he was seen as partially responsible, how much was he awarded? How could Mick’s actions have contributed to his own injury?
“Golf ball suit doesn’t fly with jury” 5. According to Judge Bayley, what duty of care is required of every golfer if they hit an errant shot? 6. Why do you think the jury did not find George Long to be negligent? 7. Why do you think that the attorneys allowed (and possibly wanted) several golfers on this jury?
“Injured fan’s Phillies suit tossed out” 8. Why did Jeremy Loughran’s attorney argue that he did not “assume the risk” of being struck by a baseball in this manner? 9. Why did the Superior Court rule otherwise? 10. In dissent, why did Judge Bender argue that this ruling will establish a bad precedent?