Question
The IRAC Method Exercise #3 Write a IRAC paragraph based on the following facts, issue and statutes. Facts:Ms. Jones was waiting to get off the
The IRAC Method Exercise #3
Write a IRAC paragraph based on the following facts, issue and statutes.
Facts:Ms. Jones was waiting to get off the commuter train in the train's vestibule.The commuter train pulled into the station and Ms. Jones descended the stairs to disembark from the train.The conductor exited the train first to watch passengers exit the train and then signal to close the doors and for the train to start rolling.Ms. Jones was carrying her briefcase which had long strap.As Ms. Jones exited the train the briefcase strap was behind her.The train doors shut with Ms. Jones on the platform but with the briefcase strap still inside the door.The train dragged Ms. Jones about 10 feet and she suffered a broken shoulder.The issue you have to consider is whether the conductor's negligence by signaling for the train to start was the proximate cause of Ms. Jones's broken shoulder.
The issue you should focus on is whether the conductor's failure to see that Ms. Jones's briefcase strap was inside the door as he signaled for the train to start moving is the proximate cause of her broken shoulder.
Statutes:
Chapter 131 Nowhere Revised Code 12 (20
An operator of a carrier must perform regular inspections of all components of the common carrier.Failure to do so constitutes negligence.The failure to perform inspections and the resulting negligence will be considered the proximate cause of all injuries aboard a common carrier.
Chapter 131 Nowhere Revised Code 14 (2001).
It is the duty of an operator of a common carrier to exercise additional care when dangers are foreseeable.
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