Elements of negligence-duty-breach of duty-causation

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Reference no: EM133595851

Assignment:

Two years ago, Andrew Rogers and his 12-year-old son, John, were driving their pickup truck early one foggy morning in East Texas on their way to a basketball tournament. They drove down a hill and into a low area, where, unbeknownst to them, a gas well had been leaking for several days and gas had slowly been accumulating. As they passed through the low area, John, on the cell phone with his mother, said, "Dad must have farted; it smells really bad." Andrew laughed, lit a cigarette, rolled down the truck window, and tossed the still lit match out. The air surrounding the truck immediately ignited, setting the truck on fire as well. A school bus driver coming from the other direction saw the fire and jumped out to help. Using the fire extinguisher on the bus, the driver was able to subdue the flames long enough to get the two men out of the truck, with the help of another passerby. Andrew died of his injuries before the Air Life helicopter could reach him, but John survived and was taken to the nearest hospital. He had third-degree burns over 95% of his body. He survived but has required numerous surgeries and has many more to come. His medical expenses currently total $495,000.

He is unable to attend public school because of his medical needs, and his mother had been attempting to homeschool him. However, his mother was killed in a car accident six months ago. He is currently being cared for by his aunt. Doctors say he is permanently incapacitated due to his injuries and will likely never be able to work. He also suffers from recurring depression and anxiety attacks.

The gas well was owned and maintained by FuelCo, a corporation headquartered in Tulsa, Oklahoma. The company was incorporated in Delaware in 1987. The company is solely owned by George Bayer, who is the President of the corporation. George lives in California and relies on his other corporate officers for the daily management of his company. He stays involved mainly through email and phone contact. Company records reveal that the employee responsible for the maintenance of the well in question was 28- year-old Woody Hancock. One week after the explosion Woody quit his job with the company, as he won the Texas Lottery and will be receiving 4.3 million dollars over the
next 10 years. He immediately moved to Las Vegas where he currently resides.

John's aunt wants to sue someone for her nephew's injuries. Do the following:

1. Decide who should be the defendant(s)

2. Decide which jurisdictions, state and federal, are available for suit

Which would be best for plaintiff
Which would be best for defendant

3. Assume a negligence cause of action will be argued.

Do these facts meets the elements of negligence: duty, breach of duty, causation, and damages
What type(s) of damages would be available

4. Identify any potential weaknesses in plaintiff's case

Reference no: EM133595851

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