Question
Javier Galindo, the husband of Richard Clarks housekeeper, was sitting in his car, parked in the driveway of Clarks house, waiting to pick up his
Javier Galindo, the husband of Richard Clarks housekeeper, was sitting in his car, parked in the driveway of Clarks house, waiting to pick up his wife. While he was waiting, a leaning 80-foot tree located on an adjacent property fell on Galindos car and killed him. Galindos wife sued Clark, alleging that Clark was liable for failing to notify Galindo about the danger posed by the leaning tree. Do you think that Clark had a legal responsibility to tell Galindo about the tree? Do you think Clark had an ethical responsibility to tell Galindo about the tree? Why might the answer to these questions be different? [Galindo v. Town of Clarkstown, 2 N.Y.3d 633 (2004).]
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