Business Law and Collisions
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Will E. Chancit, a 36-year-old attorney, was killed when his Ford Fairlane collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. What happened was this: a city of Los Angeles construction crew had placed a "left lane closed ahead" sign with a "60 mph" speed limit sign under it. (Usual speed limit in that area 70 mph.) However, the actual closed lane was the right lane. Speculation is that Will noticed at the last minute that he was in the wrong lane, over corrected, and that's how he slid off the road and hit the fence.
After the collision, the car spun and the driver's door flew open. Chancit was ejected from the car, and sustained fatal head injuries. Had the door stayed closed, his injuries would have been relatively minor. Chancit was not wearing his seat belt, and his wife claims he had been up all night the night before after getting food poisoning at the local Chi-Chi's.
I. Discuss the negligence or other theory for recovery in the suit Chancitâ??s widow has brought against Ford Motor Company, the makers of the Ford Fairlane.
II. Discuss all defenses Ford Motor Company might have.
III. Discuss any liability the City of Los Angeles may have.
IV. Discuss any liability Chi-Chi's may have.
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Will E. Chancit, a 36-year-old attorney, was killed when his Ford Fairlane collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and 70 mph. What happened was this: a city of Los Angeles construction crew had placed a "left lane closed ahead" sign with a "60 mph" speed limit sign under it. (Usual speed limit in that area 70 mph.) However, the actual closed lane was the right lane. Speculation is that Will noticed at the last minute that he was in the wrong lane, over corrected, and that's how he slid off the road and hit the fence.
After the collision, the car spun and the driver's door flew open. Chancit was ejected from the car, and sustained fatal head injuries. Had the door stayed closed, his injuries would have been relatively minor. Chancit was not wearing his seat belt, and his wife claims he had been up all night the night before after getting food poisoning at the local Chi-Chi's.
I. Discuss the negligence or other theory for recovery in the suit Chancitâ??s widow has brought against Ford Motor Company, the makers of the Ford Fairlane.
The negligence theory that can be used by Chanit against the Ford Motor Company can be as follows. It was the duty of care for Ford Motor Company to ensure that the door of the vehicle remained close when the car spun out of control. This is a normal ...
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