Question
Willie Maykit was in Florida riding his motorcycle on a four lane bridge (2 lanes each direction).The speed limit on the highway was 60 miles
Willie Maykit was in Florida riding his motorcycle on a four lane bridge (2 lanes each direction).The speed limit on the highway was 60 miles per hour (mph), and the forensic evidence (e.g., skid marks, etc.) showed that Willie was riding at 55-58 mph.Witnesses testified that Willie was popping wheelies (riding on the back wheel only) and weaving in between and around the cars in a dangerous manner.Suddenly, a car in the right lane began to move to the left lane just as Willie was passing on his motorcycle.The force of the collision made Willie hit the barrier on the left side of the roadway and he flew into the air.Willie was killed and his estate sued Justin Credible, the driver of the car that hit him.What should Justin argue in his defense?
a. Justin should argue "contributory negligence" and "assumption of the risk."Specifically, Willie Makeit contributed to his own injury and assumed the risk of recklessly weaving in and around the cars.
b. Justin should argue "negligence per se" since Willie was speeding on the highway.
c. Justin should argue that the state government is liable for to Willie's estate because it was negligent in setting the speed limit at 60 and placing barriers at the side of the d. road.
Justin has no excuse and will pay for intentionally killing Willie.
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