Question
Dale was a 12-year-old riding his bicycle one morning on a city street. He was headed to school to meet friends. He approached an intersection.
Dale was a 12-year-old riding his bicycle one morning on a city street. He was headed to school to meet friends. He approached an intersection. Penny was a pedestrian also on her way to school. Dale was unable to stop his bicycle in time and collided with Penny causing her to suffer a serious head injury. Dale knew his brakes needed repair because they were squeaking, making loud noises, and weren't working very well for about a week. Dale took the bicycle to school anyway because he didn't want to take the bus and planned to get the bike repaired at the bike shop after school that same day. He would have avoided the collision if the brakes were in good condition. There was a local ordinance that prohibited children under 16 years old from riding their bicycles on city streets without passing a 'rules of the road' test and obtaining a license. The ordinance was intended to inform minors about the various traffic laws and to provide an identification card. Dale knew about the ordinance but didn't get a license. Penny was taken to the Hospital in an ambulance that sped through the streets. On the way to the Hospital, the ambulance collided with a negligent drunk driver, causing Penny to suffer a broken leg. When Penny arrived at the Hospital, she was placed on a bed in a waiting area. For some reason, the bed collapsed sending Penny to the floor fracturing her spine.
1. PENNY SUES DALE IN NEGLIGENCE FOR ALL HER INJURIES. WHAT RESULT? (do not discuss any possible defenses)
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