Justin is 22 years old. He spent Friday night out drinking and partying with friends until 3:00 A.M.. Justin lives at home with his parents. His Mom wakes him at 7:00 A.M. Saturday morning because he promised to take her car to the dealer for an oil change and a tire rotation.

At the Dealership, Justin is told by the Service Advisor that the job will take about 20 minutes. He is directed to a customer waiting lounge. Justin, however, insists on staying with the car as it goes into the service bay and he ends up getting his way. He wants to catch a quick nap (sleep) in the privacy of the car as he is still feeling the effects of the previous evening.

The Service Technician, who will do the work, is a 25 year veteran at the dealership. He has his 16 year old son with him today and who has, over the last 4 months, accompanied his Dad to work every Saturday to help out.

There is no Manager present on Saturdays. The Service Advisor who greets the customers and three Service Technicians are the only employees present on a Saturday.

Company Policy, and also as per the company's contract of liability insurance, is very clear:

• No Customers Permitted in the Service Area
• Only Authorized Employees Permitted in the Service Area

Management, however, has been aware that their Service Technician has been bringing his son in to assist him on Saturdays - aware that the boy wishes to follow in his Dad's footsteps. 

Quietly - this has been permitted to continue because Management was aware that the boy's parents had recently separated and that the mother had custody of the boy and the father had access every weekend.

The car, with Justin in is, is hoisted about 7 feet into the air. Dad and son work together to drain the old oil, replace the oil filter, and rotate the tires. 

Dad steps away for a moment to assist another technician. His son begins to lower the hoist when it gets stuck at about 5 feet. The hoist was purchased by the dealership at a cost of $15,000 only 5 months earlier and a similar problem, unknown to the boy, had occurred already twice before. He goes under the car to check it out when the hoist suddenly drops another foot hitting the son in the head and shoulders and knocking him down - unconscious - under the suspended car. 

As the son's dad and the other two technicians come to the son's aid, Justin wakes, sees the commotion and panics. 

The car is now 4 feet off the ground. Justin gets out on the driver's side and, unassisted, jumps to the ground. He lands awkwardly and breaks an ankle and sustains a severe cut to his head. Both Justin and the boy are taken to the hospital by ambulance. 

 

By Monday - it appears that everyone is calling a lawyer. 

It is now your job to analyze this factual situation. In so doing, you will want to address many relevant considerations. The following are merely some of the issues that you should canvass:

1. Who are the potential Plaintiffs?
2. Who are the potential Defendants?
3. What torts, if any, were committed?
4. What duty of care existed here?
5. What is the standard of care to be applied?
6. If a tort was committed, did it result directly in the injury sustained?
7. Was there contributory negligence?
8. Was there any assumption of risk?
9. Who is entitled to damages and from whom?
10. Will Insurance be available to assist any party in this case?
11. Who could have done what to prevent this incident?