Legal Case Study: Susie Vs. Negligence

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Susie V. Tommy
Negligence
To prove negligence, the defendant must owe a duty to the plaintiff, that duty must be breached, and the defendant’s actions or inactions were the cause of the plaintiff’s injury.
Duty
Duty is the legal obligation required of an individual to act as a reasonable prudent person under similar circumstances.
Drivers are required to act with reasonable care when encountering other vehicles and pedestrians. Tommy was the driver of the vehicle and Susie was a pedestrian.
Therefore, Tommy owed a duty of care to Susie.
Breach
The failure to act as a reasonably prudent person under similar circumstances.
Tommy’s distraction caused him to run a red light, drive into the intersection, and hit Susie with his car. Tommy did not operate his vehicle
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Special Damages
Specifically plead, unique damages, that must be foreseeable and reasonable.
Susie was bleeding profusely and may have incurred injuries that need treatment in the future as well as lost wages from medical needs.
Therefore, Susie is entitled to Special damages.
SUSIE V. ALEXIS
Negligence
To prove negligence, the defendant must owe a duty to the plaintiff, that duty must be breached, and the defendant’s actions or inactions were the cause of the plaintiff’s injury.
Duty
Duty is the legal obligation required of an individual to act as a reasonable prudent person under similar circumstances.
Drivers are required to act with reasonable care when encountering other vehicles and pedestrians. Alexis was the driver of the vehicle and Susie was a pedestrian.
Therefore, Alexis owed a duty of care to Susie.
Breach
The failure to act as a reasonably prudent person under similar circumstances.
Alexis’s distraction of talking on the phone and driving caused her not to see Susie, running over and breaking her legs.
Therefore, Alexis breached her duty of care owed to Susie.
Actual Cause
But for the defendant’s negligent act, plaintiff would not have been

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