Question
Michael was working in the stockroom with Ed. Ed was busy unpacking stock while Michael decided he wanted to goof around on the forklift, though
Michael was working in the stockroom with Ed. Ed was busy unpacking stock while Michael decided he wanted to goof around on the forklift, though not having the proper training to operate the machinery. Michael attempted to lift a pallet of heavy boxes when they fell over, crushing Ed underneath. Ed survived, but suffered several severe injuries, and later sued Michael on the grounds that "Michael's negligence was the proximate cause of the injury." a. Based on the above facts, is Michael guilty of negligence? Your answer must include a definition of negligence and the essential elements of negligence. Explain. b. Michael's attorney believes that if contributory negligence could be established, it would greatly influence the outcome of the case. Do you agree with Michael's attorney? Your answer must include a definition of contributory negligence. Explain. c. If Michael can establish comparative negligence on the part of the company, would the outcome of the case be changed? Explain your answer. d. Is the company liable for damages? Explain your answer.
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