Reference no: EM133671849

Assignment:

In the following situations, point out all factual similarities, differences, and gaps between the client facts and the facts of the opinion. Do not analyze the law of negligence in (a) or the law of neglect in (b). Focus solely on factual similarities, differences, and gaps.

1. Client facts: Jim is driving his car at 30 m.p.h. on a dirt road at night. He suddenly sneezes and jerks the steering wheel slightly, causing the car to move to the right and run into Bill's fence. Bill sues Jim for the negligence.

Opinion: A pedestrian brings a negligence action against Mary. Mary is driving her motorcycle on a clear day. A page of a newspaper unexpectedly flies into Mary's face. Because she cannot see where she is going, she runs into a pedestrian crossing the street. The court finds for Mary, ruling that she did not act unreasonably in causing the accident.

2. Client facts: Helen is the mother of David, age four. The state is trying to take David away from Helen on the ground that Helen has neglected David. Helen lives alone with David. She works part-time and leaves David with a neighbor. Helen's job occasionally requires her to travel. Once she was away for a month. During this period, David was sometimes left alone because the neighbor had to spend several days at the hospital. When David was discovered alone, the state began proceedings to remove David from Helen on the ground of neglect.

Opinion: The state charged Bob Thompson with the neglect of his twins, aged ten. The state wishes to place the twins in a foster home. Bob is partially blind. One day he accidentally tripped and fell on one of the twins, causing severe injuries to the child. Bob lives alone with the twins but refuses to hire anyone to help him run the home. The court ruled that bob did not neglect his children.