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Michelle Wightman was driving toward a railroad crossing at which the gates were down and the lights flashing. Wightman noted a stopped train a short distance from the gate. Believing the stopped train to be the cause of the closed gate, she drove around the gate and was struck and killed by a train that suddenly appeared from behind the stopped train. The stopped train had blocked her view of the oncoming train. Both trains were owned and operated by Consolidated Rail Corporation (CRC). Wightman's mother brought a wrongful death lawsuit and a survivorship action against CRC. CRC claimed that Wightman's action of driving around the gates in violation of both state and city law regarding the operation of a motor vehicle at a railroad crossing constituted negligence on her part. CRC further argued that if Wightman had not crossed the tracks, she would not have been struck by the train. Therefore, her actions were the sole cause of the accident and the railroad corporation should not be held liable for her death. The attorney for the plaintiff argued that the placement of the first train, blocking the view of the other track, contributed to the accident and that CRC should be held liable for Wightman's death. Should Wightman's own negligence be a complete bar to the plaintiff's recovery of damages in this case? Explain.
In order to ensure that a physician practice performs well financially and operationally one aspect that must be considered is the compensation methodology chosen to pay the physician. This methodology could be based on financial factors such as r..
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As for all work in this class, the final exam must be original work developed by the student solely for use in this class and must conform to UMUC's academic policies.
Bob sells real estate in Knoxville for a real estate sales corporation. One afternoon, he shows a client two homes in Knoxville and the client tells Bob which there is a great cabin for sale in Gatlinburg, about 40 miles from Knoxville.
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