Pennsylvania is pure comparative negligence

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Reference no: EM132185547

1. Olivia was driving her boat on the Delaware River. As she was riding along the Delaware River, she came upon a bunch of people tubing. Apparently, the people were from New Jersey because they were wearing shirts that had a big red letter “R” on it, which is a symbol for Rutgers University. Olivia was furious that people from New Jersey would be near her on the river so she decided it would be funny to drive up close to them. Olivia had no intention of hitting them or knocking them over but at the last second Olivia thought to herself that it’s possible that the tubers are really from Pennsylvania and are just wearing the “R” sweatshirts. Olivia then stopped the boat short but the quick stop caused a ripple effect in the water and resulted in one of the tubers, Lauren, flipping over into the water and getting hurt. When Lauren flipped over she hit another nearby tuber Margaret and Margaret got injured as well. The ripple effect from Olivia’s boat also resulted in water hitting the riverside very hard and splashing one nearby camper Jamie in the eye causing injury. Another camper Earl saw this happening and went to close the “New Jersey Monthly” magazine he was reading and received a nasty paper cut that required stitches. When all of the dust settled, Lauren, Margaret, Jamie and Earl all sued Olivia for negligence for their injuries. Based on the Palsgraf v. Long Island Railroad, Co. case, who, if anyone, would win their case against Olivia?

2. Brett had just moved into an apartment in Dallas, Pennsylvania and his landlord just installed a new window in the living room. DJ and Sean were over and were playing Ping-Pong. During one serve, the ball got away from DJ and Brett decided to try to catch the Ping-Pong ball by jumping to catch the ball. He braced himself against the window and the window shattered and Brett went through it. Luckily, the window was on the first floor, but Brett still sustained injuries. As a result, Brett filed a lawsuit against the landlord and the window manufacturer. The jury found that Brett was entitled to $100,000 in damages but that Brett was 50% at fault, the landlord was 25% and the window manufacturer was 25% at fault. Assume for this question that Pennsylvania is a “pure comparative negligence” state. How much will Brett recover, if anything?

3. Rick was walking down his street one day when he was knocked down by a furious flood of water. The fall caused him to break his leg and miss several weeks of work. Rick later found out that his neighbor, Wescott, was storing extremely large quantities of water in his backyard and that Wescott’s giant storage tank had collapsed causing the flood. Rick immediately sued Wescott for his injuries. Wescott responded to the lawsuit by saying that he exercised reasonable care in storing the water. Is Wescott “strictly liable” for Rick’s injuries?

4. Kevin has a pet alligator named Stephen. Kevin raised Stephen since birth so Stephen is mild-mannered and actually plays with Kevin’s children. One day, Stephen escaped from Kevin’s property even though Kevin took every precaution keep him on his premises. Stephen then wandered over to some children. LeBron, the father of one of the children, erroneously thinks that Stephen is going to attack the children, so LeBron runs over to save the children. In his heightened state of worry and fear because of Stephen approaching, LeBron trips and falls and breaks his pinky. LeBron had to have surgery to fix his pinky so he sued Kevin. Is Kevin “strictly liable” for LeBron’s injuries?

Reference no: EM132185547

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