Question
Aaron, a shuttle van driver, was driving 10 passengers to the airport. He was traveling at 55 miles per hour, the posted speed limit, when
Aaron, a shuttle van driver, was driving 10 passengers to the airport. He was traveling at 55 miles per hour, the posted speed limit, when he momentarily took his eyes off the road to change the radio station to one with more upbeat music. While his eyes were diverted, he drove past a new speed limit sign without noticing it. The posted speed limit was 45 miles per hour in a construction zone when construction workers were present, in order to prevent any of the construction workers from getting hurt. When Aaron looked up from the radio, a truck that had been waived into Aaron's lane by a construction crew flagman was directly in front of him. Aaron hit the brakes and Beth, a passenger who was not wearing a seatbelt, flew all the way into the driver's compartment and struck her head on the dashboard. Aaron quickly noticed that the other nine passengers who were wearing seatbelts were unharmed, and then he pulled over to the shoulder to administer first aid.
Once the van was stopped on the shoulder, Aaron and Beth, along with Beth's husband Charles, got out of the van. While Aaron was trying to bandage the wound to Beth's forehead, Charles became belligerent because of the injury Beth sustained. Charles picked up a two-by- four from the construction area and waved it menacingly at Aaron and shouted, "If you don't stop that bleeding in 10 seconds, you're going to be bleeding a lot worse that she is!" Then Charles began to count. When Aaron realized that he wouldn't be able to bandage Beth's wound in 10 seconds, he ran off. There was a trailer in the construction zone that was labeled, "Official Property of Dakota State. For Employees Only." Aaron ran to the trailer and in his haste to get away from Charles, Aaron broke the door handle while trying to open the door. However, he was able to get inside the trailer and barricade it from the inside before Charles arrived. Aaron stayed inside and waited for the police arrive.
If Beth files suit against Aaron, is she likely to prevail? Discuss.
If Aaron files suit against Charles, is he likely to prevail? Discuss.
If Dakota State files suit against Aaron, is it likely to prevail? Discuss.
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