The Four Essential Elements of Negligence Cases studies Use references to our class discussions relating to each of the four essential elements of negligence.
Your post should be a
minimum of four paragraphs for each case.
Robertson v. Butler
Derrick Robertson, Matthew Butler, and several other friends were riding motorized trail bikes. The back brake of Matthew ’s trail
bike was not working. During the afternoon the front brake lever dislodged. One of the boys wedged it back in place,
but the rider still had to hold it in place. All the boys were aware of this. Derrick borrowed Matthew’s bike and began riding it down a hill. The brakes failed; he hit a rock and broke his arm and leg. He and his parents sued Matthew’s parents for damages.
Poirier v. Murphy
Peter Poirier and John Murphy, both 18 years of age, agreed to carry out a “stunt.” The stunt was performed in an underground parking garage. Peter stood underneath a water sprinkler pipe. After Peter nodded, John began driving his car from about 100
feet away and, at the last moment, Peter would jump up, grab the pipe, do a chin-up, swerve his hips and legs to one side and clear the car. Drinking was not involved. The stunt was performed as a form of amusement for Peter and John and a group of their
friends who were in the car with them. The stunt was performed safely a first time, but the second time Peter was not prepared
for it. Peter was hit by the car and injured. He became unconscious, suffered a brain injury, and underwent lasting personality and emotional changes.
Wilkins v. Allaby
Five-year-old Donald Wilkins ran into the street from the sidewalk near a crosswalk and was struck by a car driven by Hellen
Allaby. Donald, accompanied by a day-care teacher and three other children, was returning to the day-care center after an outing to a toy store. At the time of the accident, Donald was five years and ten months old. He walked to the day-care center
with his mother and crossed busy streets to get there. He often went on supervised walks from the day-care center and crossed busy city streets, including the street where the accident occurred. Donald was bright, intelligent and experienced. Hellen
Allaby saw the children beside the road, but she did not reduce her speed.
