Gary is walking down the sidewalk in Glendale when he suddenly trips and falls, twisting his...

Gary is walking down the sidewalk in Glendale when he suddenly trips and falls, twisting his right ankle in the process. He gets up and sees that a tree root has cracked and pushed up the sidewalk about ¾ of an inch, which he believes caused him to trip. He goes home, takes aspirin and wraps his ankles in ice and a bandage. A few days later, he feels fine.

a. If Gary wanted to sue over this, who would he sue? Under what theory of liability?

b. What would be the defendant’s best argument?

c. Would it be worthwhile for Gary to file a lawsuit? Why?

d. What evidence would help Gary win his case? How would he go about finding it?

e. What kind of evidence could the defendant use (assuming it existed) to defend itself against Gary’s claim?

NOTE: This question is from LAW 001 Business Law I

Expert Solution

a. Gary can sue the department of civil constructions or the municipal corporation department who is made accountable and responsible for the construction and maintenance of the sidewalk. Under the theory of tort liability, the case or lawsuit can be filed. Tort liability is applicable when there is a breach of duty and the loss has resulted due to negligence of duty.

b. The defendant's best argument would be that root is grown naturally it can not be predicted that when it can break the sidewalk. The break might have happened between the Maintainance work cycle. Another strong argument could be a 3/4 inch increase in height is not liable to cause such a severe injury.

c. Yes, it might be worthwhile to file a lawsuit, in case this damage to the sidewalk is proven that it was an act of negligence by the department of civil works and tort liability for negligence is applicable.

d. Gary's medical record, treatment, and expense will serve as proof of injury and information can be asked from the department as to when the last maintenance work was done on that sidewalk. Any other similar lawsuit was filed due to a similar incidence in the locality.

e. The defendant need to prove that it was not the breach of duty from their end and they did not fail to maintain the sidewalk as per the specification of construction of the sidewalk. Also the proof of recent work and no such break in sidewalk or unsual increase in sidewalk due to pushback from roots were observed during last maintenance work.

keosha answered 6 months ago

While walking in the snow, Jim falls and lands awkwardly on his head. Jim goes to...

While walking in the snow, Jim falls and lands awkwardly on his head. Jim goes to hospital, but Jim’s doctor cannot explain why Jim fell. You are asked to investigate everything that Jim was doing before the accident, to try to find a cause for the fall. After all his tests, doctors are now thinking that Jim’s endocrine system may be involved. Describe the overall function(s) of the i) nervous and ii) endocrine systems. List the different types of cells...

Gary is an accounting major at a local college. At one point in his childhood, he...

Gary is an accounting major at a local college. At one point in his childhood, he was overweight. Other children teased him and called him “fatty hatty.” This made a deep impression on Gary, negatively effecting his self-esteem. In middle school, he felt isolated and was described as a “loner” by teachers. He did not join any clubs or engage in activities with peers. In high school, his physical education teacher encouraged Gary to join the wrestling team. He thought...

Q21. A game theorist is walking down the street in his neighborhood and finds $20. Just...

Q21. A game theorist is walking down the street in his neighborhood and finds $20. Just as he picks it up, two neighborhood kids, Mark and Nancy, run up to him, asking if they can have it. Because game theorists are generous in nature, he says he’s willing to let them have the $20, but only according to the following procedure: Mark and Nancy are each to (independently) submit a written request as to their share of the $20. Let...

Case 8: When Alex was cutting down a tree, a person walking by was hit by...

Case 8: When Alex was cutting down a tree, a person walking by was hit by the falling tree. The injured person sued Alex for $300,000. Alex’s homeowners’ insurance had $100,000 liability coverage. He also purchased a $1 million Personal Umbrella Liability insurance. How much will be paid by Alex’s homeowners’ insurance and how much will be paid by his Umbrella insurance?

Gary Rawlings is 71 years old. He lives at home with his wife, Karen, and son,...

Gary Rawlings is 71 years old. He lives at home with his wife, Karen, and son, Doug. He recently was hospitalized for a stage 4 pressure ulcer to his heel. Gary suffers from diabetes and high blood pressure. Gary is unable to walk far distances due to his heel. Karen recently bought Gary a motorized wheelchair for Gary to get around easier. (Learning Objectives 1, 4, 7, and 8.) What if…Gary is having difficulty getting around the house, due to...

Gary Hudson was born and raised in Pensacola, Florida. He obtained his bachelor’s degree in business...

Gary Hudson was born and raised in Pensacola, Florida. He obtained his bachelor’s degree in business from Florida State University, where he enrolled in the NROTC (Naval Reserve Officers Training Corps) program. After graduation, he received a commission in the US Marine Corps. Following his release from active duty, Gary used his GI Bill benefits to obtain a master’s degree in health services administration from the University of Florida. His first job in health- care was as a special projects...

1. A 12-year old boy falls down and complains of abdominal pain. At the hospital he...

1. A 12-year old boy falls down and complains of abdominal pain. At the hospital he is suspected to have sustained injury to his liver causing bleeding into the peritoneal cavity. At surgery, part of his liver is removed because of injury. Six months later, a CT scan shows that his liver has almost returned to its normal size. State with explanation the process responsible for the CT finding? 2. A 12-year old boy developed sore throat and fever. Examination...

1. A 12-year old boy falls down and complains of abdominal pain. At the hospital he...

1. A 12-year old boy falls down and complains of abdominal pain. At the hospital he is suspected to have sustained injury to his liver causing bleeding into the peritoneal cavity. At surgery, part of his liver is removed because of injury. Six months later, a CT scan shows that his liver has almost returned to its normal size. State with explanation the process responsible for the CT finding? 2. A 12-year old boy developed sore throat and fever. Examination...

Gary is reviewing his investment transactions for the year and determines he has net short-term capital...

Gary is reviewing his investment transactions for the year and determines he has net short-term capital losses of $8,100 and net long-term capital gains of $9,100. Below is Gary's tax information: Gary's tax bracket = 24% Long-term Capital Gains tax rate = 18% On the above situation, what are the taxes owed (or saved) in the current tax year for Gary ? Enter your answer below as a whole number and without any $ signs.

Yassein is looking to refinance his home because rates have gone down from when he bought...

Yassein is looking to refinance his home because rates have gone down from when he bought his house 10 years ago. He started with a 30-year fixed-rate mortgage of $339,000 at an annual rate of 7.6%. He can now get a 20-year fixed-rate mortgage at an annual rate of 5.6% on the remaining balance of his initial mortgage. (All loans require monthly payments.) In order to re-finance, Yassein will need to pay closing costs of $4,200. These costs are out...

Question

Gary is walking down the sidewalk in Glendale when he suddenly trips and falls, twisting his...

Solutions

Expert Solution

Related Solutions

While walking in the snow, Jim falls and lands awkwardly on his head. Jim goes to...

Gary is an accounting major at a local college. At one point in his childhood, he...

Q21. A game theorist is walking down the street in his neighborhood and finds $20. Just...

Case 8: When Alex was cutting down a tree, a person walking by was hit by...

Gary Rawlings is 71 years old. He lives at home with his wife, Karen, and son,...

Gary Hudson was born and raised in Pensacola, Florida. He obtained his bachelor’s degree in business...

1. A 12-year old boy falls down and complains of abdominal pain. At the hospital he...

1. A 12-year old boy falls down and complains of abdominal pain. At the hospital he...

Gary is reviewing his investment transactions for the year and determines he has net short-term capital...

Yassein is looking to refinance his home because rates have gone down from when he bought...