Question
Walking in Victoria Gardens can be a fun time, especially on a Friday night where the latest cars, couples dating, and young people are out
Walking in Victoria Gardens can be a fun time, especially on a Friday night where the latest cars, couples dating, and young people are out enjoying the ambiance of the outdoor mall. Jaden and his girlfriend were walking along Main Street, right in front of TGIF when a car with big spinning wheels came and also hit the couple in the crosswalk. The driver said that the couple was in the way and were too slow walking across the street. There were several witnesses who saw that the couple were gazing into each other's eyes while crossing, and the driver's car was blaring loud music with LED lights and spinning wheels. Jaden and his girlfriend decide that they want to sue the driver. The injuries sustained by the couple were Jaden's girlfriend falling on the ground trying to run away from the car, and Jaden experienced extreme fright from the possibility of her girlfriend being hit.
Please discuss:
1. Was there negligence committed by the driver?
2. In a contributory negligence state, would there be any recovery by the couple against the driver?
3. Are there any defenses that the driver could use against the couple?
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