LAWS 2202 Lecture Notes - Lecture 3: Traffic Collision, Household Income
14 Dec 2019
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Case: arland v. taylor (1955, oca, p. 45) Facts: motor vehicle accident 9 yo pedestrian on highway struck by defendant"s vehicle, at the trial, it was found that the defendant did not breach the standard of care. Ratio: standard of case is defined by reasonable man test not what juror would have done in defendant"s place. Case: palsgraf v. long island railroad co. (1928 nyca, p. 48) Facts: guard helping passenger onto train dislodges package wrapped in newspaper containing fireworks which explode, causing scale to fall over, plaintiff crushed by scale while waiting at train station for a train. Issues: whether there was sufficient proximity between the lady and the train employee to find a claim in negligence. Damages: restitutio in integrum make them whole, general damages - ,000 & special damages everything on top of the general (no limit) Fault uncertain results, time consuming, very expensive. No fault certain/quick/cheap, inadequate awards, controlled by insurers, no deterrence/no culpability.
