Question
Your friend Rick, who had experience driving for a car service in Brooklyn, agreed to drive the food truck. There is a terrible rainstorm that
Your friend Rick, who had experience driving for a car service in Brooklyn, agreed to drive the food truck. There is a terrible rainstorm that greatly impairs visibility on the roads. Despite the weather conditions, Rick insisted on driving 63 mph on the highway, which was within the legal speed limit. Other cars, however, were driving at much slower speed. Two miles away from the local Target Store, the food truck skidded and Rick hit the car ahead of him, which was driven by Terry, a new Jersey Resident. There is no doubt that Rick would have been able to avoid the collision if he had been driving more slowly. Terry was severely injured and he reported more than $100,000 damages to his car.
1) If Terry sues Rick directly to recover damages from his medical bills and the damage to his car. What will he sue for and what will he successful? Explain fully.
2) If Terry decides he will sue the food truck company (based in Brooklyn) for his damages in a federal district court for the Southern District of New York, will he be able to bring his claim there? Discuss jurisdiction.
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