Question
1. What are the elements of negligence? 2. Case Analysis. a.A St. Louis police officer was speeding the wrong way down a one-way street when
1. What are the elements of negligence?
2. Case Analysis.
a.A St. Louis police officer was speeding the wrong way down a one-way street when he collided with a vehicle being driven by Ann Martin. Martin was seriously injured in the crash and brought a lawsuit against the police officer, the City of St. Louis, and the board of police commissioners. The board of commissioners is an agency of the state of Missouri. Martin passed away, and her daughter, Kimberly Hodges, took over as the plaintiff in the case. The case was settled in relation to the board and the officer but not the city. The City of St Louis argued that the officer could not be employed by both the board and the city at the same time. The city further argued that the officer's real employer was the board, so it, the city, could not be held liable under the doctrine of vicarious liability. Why should the city be held liable under the doctirne of vicarious liability? Explain.Hodges v. City of St. Louis,217 S.W.3d 278 (Mo. 2007)
b.Queenway Tankers, Inc., Kingsway Tankers, Inc., the East River Steamship Corporation, and Richmond Tankers, Inc., all chartered supertankers designed by Transamerican Delaval, Inc. Under the terms of the charters, each shipping company was financially responsible for many repairs to the tankers. From the start, there were problems with the tankers' turbines, which needed extensive and costly repairs. The plaintiffs brought a product liability suit against Delaval. The suit alleged that the manufacturing defects caused the damage. Should the shipping companies have prevailed in product liability against the manufacturer? Explain.East River Steamship Corporation v. Transamerican Delaval, Inc.,106 S. Ct. 2305 (U.S. Sup. Ct.).
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