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A group of friends visited Jesters Amusement Park and were excited to try out the new bumper car game in which drivers in battery operated
A group of friends visited Jesters Amusement Park and were excited to try out the new bumper car game in which drivers in battery operated mini-cars, padded by rubber, ride about in a curb-enclosed ring. Sarah, who had never tried to drive anything before, was concerned about her safety. However, the operator explained to the group that their cars could travel no faster than 20 k.p.h., in accordance with federal regulations so there was no need to be worried. Convinced that everything was safe, Sarah, Amy, Cheryl and Trisha jumped into the car of their choice. Whereas Cheryl and Trisha had their own cars, Sarah and Amy shared one together. Unfortunately, all did not go well. While chasing Trisha's car to bump into her, Cheryl pressed the accelerator all the way to the floor for maximum speed. At the last minute, Trisha got out of the way and Cheryl's car headed straight to the curb, at which point it was launched over the curb. The car hit Josie who was waiting in line to purchase a ticket, she had her back to the ring (as she was texting) when the car struck her. Cheryl's seatbelt was faulty which caused Cheryl to hit her head on the steering wheel as the car exited the enclosed ring and was taken to the hospital for emergency treatment for a brain hemorrhage/bleed. She has been unable to work since the incident and must have daily physical therapy. When the car hit Josie, she fell fracturing her ankle. Cheryl is considering suing the Amusement Park and Josie is considering suing Cheryl. Using the tables below, assess whether either of them would be likely to be successful in their respective claims. Consider the elements below as template. Cheryl v. the Amusement Park (Cheryl is the potential plaintiff, the Amusement Park the potential defendant) Required Elements Yes/No Test Used Explanation A: Duty of care owed? B: Breach of standard of care? C:Causat-ion? D: Damage? Defences? Conclusion: Josie v. Cheryl (Cheryl is the potential plaintiff, the Amusement Park the potential defendant) Required Elements Yes/No Test Used Explanation A: Duty of care owed? B: Breach of standard of care? C: Causation? D: Damage? Defences? Conclusion
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