Question
New Jersey International Speedway, Inc., (Speedway) owned the New Jersey International Speedway, a racetrack next to Route 312 in Jersey Shore, New Jersey. In May
New Jersey International Speedway, Inc., (Speedway) owned the New Jersey International Speedway, a racetrack next to Route 312 in Jersey Shore, New Jersey. In May 2005, on the weekend before the Winston Cup race, Speedway opened part of its parking facility to recreational vehicles (RVs). Speedway voluntarily positioned its employee Sammy Spacecadet at the entrance to the parking area as a security guard and to direct traffic.
Gary Gearhead, who was planning to attend the race, drove an RV south on Route 312 toward Speedway. Meanwhile, Mike Motorunner, who was right behind Gearhead's vehicle, was also driving south on Route 312 on a motorcycle, on which his wife, Michelle, was a passenger. As Gearhead approached the parking area, he saw Spacecadet signaling him to turn left into the Speedway parking area, which he began to do. At the same time, Motorunner attempted to pass the RV on its left side, and the two vehicles collided. Michelle sustained a broken right leg and hip, among other injuries, in the collision. Michelle Motorunner sued Speedway, and others, for negligence. Based on these facts, answer the following questions:
- (1) What are the elements of negligence?
- (2) Which element of negligence is at the center of this dispute? Explain.
- (3) How is a court likely to rule in this case and why? Explain with specific reference to the facts of the case and the requirements of negligence.
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