Question
Tommy is fourteen years old. Tommy plays golf every day at his local golf course, using a golf cart. Although children are generally not allowed
Tommy is fourteen years old. Tommy plays golf every day at his local golf course, using a golf cart. Although children are generally not allowed to rent carts at the course, Tommy has a special relationship with the owners of the course, who consider him to be of unusual maturity. He is generally allowed to use the golf carts as long as they are available. One day, while driving a cart on the golf course, Tommy failed to watch where he was going and he crashed into Dana. At the time, Dana was intoxicated and also not watching where she was going. As a result of the accident, Dana suffered a concussion, multiple broken bones, and serious bruising.
- Could Dana win in a lawsuit against Tommy on a theory that he committed an intentional tort when he crashed into her? Explain using facts and law.
- If Dana sued Tommy claiming that he is strictly liable for her injuries, who would win in court? Explain using facts and law.
- Could Dana win in a lawsuit v. Tommy on a theory that he committed the tort of negligence? Explain using facts and law.
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