ASSIGNMENT
1. Lionel is negligently driving an automobile at excessive speed. Reginald’s negligently driven car crosses the center-line of the highway and scrapes the side of Lionel’s car, damaging its fenders. As a result, Lionel loses control of his car, which goes into the ditch. Lionel’s car is wrecked, and Lionel suffers personal injuries. What, if anything, can Lionel recover?
2. Ellen, the owner of a baseball park, is under a duty to the entering public to provide a reasonably sufficient number of screened seats to protect those who desire such protection against the risk of being hit by batted balls. Ellen fails to do so.
a. Frank, a customer entering the park, is unable to find a screened seat and, although fully aware of the risk, sits in an unscreened seat. Frank is struck and injured by a batted ball. Is Ellen liable?
b. Gretchen, Frank’s wife, has just arrived from Germany and is viewing baseball for the first time. Without asking any questions, she follows Frank to a seat. After the batted ball hits Frank, it caroms into Gretchen, injuring her. Is Ellen liable to Gretchen?
3. Negligent in failing to give warning of the approach of its train to a crossing, CC Railroad thereby endangers Larry, a blind man who is about to cross. Mildred, a bystander, in a reasonable effort to save Larry, rushes onto the track to push Larry out of danger. Although
Mildred acts as carefully as possible, she is struck and injured by the train.
a. Can Mildred recover from Larry? Why or why not?
b. Can Mildred recover from CC Railroad? Why or why not?
4. Vance was served liquor while he was an intoxicated patron of the Clear Air Force Station Non-Commissioned Officers’ Club. He later injured himself as a result of his intoxication. An Alaska State statute makes it a crime to give or to sell liquor to intoxicated persons. Vance has brought an action seeking damages for the injuries he suffered. Could Vance successfully argue that the United States was negligent per se by its employee’s violation of the statute? Explain.
5. Timothy keeps a pet chimpanzee, which is thoroughly tamed and accustomed to playing with its owner’s children. The chimpanzee escapes, despite every precaution to keep it upon its owner’s premises. It approaches a group of children. Wanda, the mother of one of the children, erroneously thinking the chimpanzee is about to attack the children, rushes to her child’s assistance. In her hurry and excitement, she stumbles and falls, breaking her leg. Can Wanda recover for her personal injuries? Explain
