17. Karen Burnham was driving her vehicle on the freeway and received a text message from her boss, Jim Bellay. Karen was late to work and knew that her boss was upset. Karen looked down at her phone while driving, and the text from her boss said, You are late by 20 minutes late!!Karen started to cry. While she was looking down at her phone, she bumped into a driver in front of her slightly. The driver was Danny Homes, on the road to deliver a pizza from PIZZA FACTORY FOR FUN to a customer, Natalie Tayler. After Karen bumped Dannys vehicle, both cars exited the freeway and stopped at a local gas station. Karen and Danny jumped out of their vehicles to discuss the accident. After inspection of Karens vehicle and inspection of Dannys vehicle, it did not appear there was anything wrong with either vehicle. Karen told Danny she did not have any injuries and Danny told Karen he did not have injuries. They decided not to report the accident to the police because there were not any injuries to either Karen or Danny or to their vehicles.Karen and Danny said goodbye and went on their way. About 5 days later, Danny was thinking about the accident and became upset that Karen had violated the law by texting while driving. Danny decided to call the police and report the incident so Karen would be charged with a misdemeanor, texting while driving.The police came out to Dannys home and took Dannys statement about the accident. The police sent the police report to the local prosecutor to have Karen charged with a crime.Danny also decided to sue Karen for negligence for texting while driving.

Will Danny be successful in suing Karen for damages under the theory of negligence pursuant to the reasonable person standard?

a) YES

b) YES because Karen admitted to Danny that she was texting while driving, she was not acting like a reasonable person and she violated the law;

c) NO because some people can text while they are driving and they do not get caught or cause an accident;

d) NO because Danny did not suffer any damages to his vehicle or injuries to himself

18. Jared Hover was riding his bike and negligently ran into Christy Romes who was walking on the sidewalk. As a result of the accident, Christy fell down and fractured her toe. Jared stopped and called 911 and requested an ambulance. While Jared and Christy were waiting for the ambulance, a vehicle driving nearby lost control and hit the sidewalk, causing debris to hit Christy which caused some open wounds on Christys face. If Christy sues Jared for damages, what will Jared be responsible for:

a) Jared will be responsible for damages related to Christys fractured toe andfor damages caused to Christys face from the debris caused by the vehicle because Christy would not have been hit with the debris BUT FOR Jared causing Christy to fall in the first place.

b) Jared will be responsible for damages related to Christys fractured toe and for damages caused by the debris from the vehicle because Jared was the PROXIMATE CAUSE for Christys injuries, as Christy would not have fallen BUT FOR Jared causing Christy to fall.

c) Jared will only be responsible for the damages related to Christys fractured toe and NOT LIABLE for the damages from the debris that hit Christys face.

d) Jared will only be responsible for the damages related to Christys fractured toe and NOT LIABLE for the damages from the debris that hit Christys face under the COMPARATIVE NEGLIGENCE standard.

19. Darold Davie is 5 years old and lives on WAYWARD street in Orem, Utah with his parents Kathy and Larry Davie. The next door neighbors (the Brown family) have a small swimming pool that is about 10 feet deep. The swimming pool does not have a fence around it and there are not any warning signs, but the Brown family has repeatedly told everyone in the neighborhood that the neighborhood cannot use their swimming pool without written permission from the Brown family. One hot afternoon in June, little Darold Davie wanders to the Browns house and jumps into their pool. Little Darold Davie does not know how to swim. Darolds parents were notwatching him and did not know he had gone to the Browns swimming pool. Darolds parents had been drinking alcohol and not watching after Darold.After Darold jumped into the swimming pool, he began to drown. His mom, Kathy Davie had gone looking for Darold and discovered Darold in the Browns swimming pool. Kathy Davie jumped into the swimming pool and pulled Darold from the swimming pool. Kathy called 911 and Darold was taken to the local Emergency Room. Darold survived but suffered from some paralysis to his legs due to the swimming accident. Darolds parents decide to sue the Brown family for negligence, alleging that the Brown family was negligent regarding their swimming pool, and failed to protect little Darold. Can the Brown family be liable for Darolds injuries and under what legal term would they be potentially liable?

Answer: Yes or No and under what legal term

20. Malorie has two flat tires and a dent on the right side of her vehicle that needs to be fixed. Malorie drops off her car at the local JUFFY CAR REPAIR SHOP and asks them to fix her flat tires and the dent in her vehicle.Malorie leaves her car overnight at JUFFY CAR REPAIR SHOP. JUFFY CAR REPAIR SHOP fixes Malories two flat tires with two brand new tires and fixes the dent.Three days later, Malorie comes to JUFFY CAR REPAIR SHOP to pick-up her vehicle. Malorie owes $500.00 for the repairs. When Jimmy, the mechanic, shows Malorie the fixes he made, Malorie is elated. Jimmy then tells Malorie she owes $500.00 for the repairs.Malorie becomes upset and tells Jimmy that she only has $150.00 to pay for the repairs. Jimmy tells Malorie that he will keep her car at the shop until Malorie can pay the $500.00. Do most states allow automobile repair shops to hold a customers car when the customer refuses to pay for the repairs completed and under what legal term could the repair shop hold the car?

Answer: Yes or No and under what legal term

Susan Bradley was in a car accident with driver Daniel Davey where Daniel Davey was driving too fast and ran into the back of Susan Bradleys vehicle at the rate of 50 miles per hour. After the accident, Susan Bradley was hospitalized and her right arm has permanent loss of movement from the car accident, whereas Susan cannot bend her right arm. Susan sues Daniel Davey for $50,000 in damages for loss of her ability to move her arm. These damages are called:

a) Punitive Damages

b) General Damages

c) Special Damages and General Damages

d) Compensatory Damages, Special Damages and General Damages