Question
Javier (the driver) and Maria were in Javier's new convertible driving through a high mountain meadow on the eastern side of the Sierra on a
Javier (the driver) and Maria were in Javier's new convertible driving through a high mountain meadow on the eastern side of the Sierra on a clear night when the car suddenly left the road and hit a snowplow, seriously injuring Maria. Javier cannot explain why his car left the road at that time, but upon questioning, he said he did not know the speed limit on that road. The snowplow had been left parked along the road by Henry, an employee of Road Warriors, Inc., a company that had been hired by the county to plow the roads. Leaving the snowplow in such a location was contrary to county policy.
1. who could Maria's lawyer recommend she sue in negligence and why? Be sure to name as many defendants as you can.
2.Take any one of the defendants you named above, and outline Maria's prima facie case using 4 elements
a.) Did defendant owe a duty of care to the plaintiff? b.)Did defendant breach that duty? c.)Did defendant's breach cause the injury? d.)Are there damages from the injury?
3. Contributory/Comparative Negligence, Superseding cause, and Assumption of the risk
what would each the defendants assert as their potential defenses to her lawsuit? Explain
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