Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Homer Simpson is operating his car at around Noon yesterday. He is stopped for a red-light at the corner of Fast Food Boulevard and 257th

Homer Simpson is operating his car at around Noon yesterday. He is stopped for a red-light at the corner of Fast Food Boulevard and 257th Street, on his way to get a burger from Krusty Burger in the Fast Food District of Springfield, Florida, located in Polk County, when Barney Gumble, operating a 1982 Ford Pinto, fails to stop in time and drives into the back of Homer's vehicle. Homer sustains serious injuries to his back, neck, and from his face striking the steering wheel. He is taken to Springfield General Hospital and is admitted and treated there for three weeks. After his release from the hospital, he misses another three weeks from work at the Springfield Nuclear Power Plant while recuperating at home. His damages from loss of work equals $25,000. He also incurs $50,000 in medical expenses. Finally, his pain and suffering is valued at $100,000. Gumble is uninjured from the crash. He is given a breathalyzer test and his Blood Alcohol Count registers at .22% BAC. The legal limit for BAC while operating a motor vehicle in Florida is 0.08%. While still in the hospital, Homer retains Lionel Hutz, Esq., as his lawyer to pursue a civil lawsuit against Barney Gumble to obtain damages related to his physical injuries, medical expenses, loss of earnings and pain and suffering based upon the crash. 


Answer each of the following questions: 


A. What kind of tort lawsuit may Mr. Hutz pursue on behalf of Homer against Barney Gumble? 


B. What elements will Mr. Hutz have to prove to win this legal action for Homer? 


C. Will Mr. Hutz be able to assert negligence per se in pursuing Homer's case? 


A. Identify the Florida court that would have jurisdiction over the lawsuit filed by Mr. Hutz on Homer's behalf. 


B. Explain why this court would have jurisdiction?


C. Indicate who would be the plaintiff and who would be the defendant in this lawsuit?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

A The type of tort lawsuit Mr Hutz would pursue on behalf of Homer against Barney Gumble is most likely a negligence claim Negligence consists of five key elements duty breach causation actual harm or ... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Vector Mechanics for Engineers Statics and Dynamics

Authors: Ferdinand Beer, E. Russell Johnston Jr., David Mazurek, Phillip Cornwell, Brian Self

11th edition

73398241, 978-0073398242

More Books

Students also viewed these Law questions

Question

What staff members should be trained on HSIA?

Answered: 1 week ago