Home » Downloads » Moinske, B. (2005). Literally Speaking – with Bob Mionske. Velo News. Retrieved from

Moinske, B. (2005). Literally Speaking – with Bob Mionske. Velo News. Retrieved from

Moinske, B. (2005). Literally Speaking – with Bob Mionske. Velo News. Retrieved from

Moinske, B. (2005). Literally Speaking – with Bob Mionske. Velo News. Retrieved from http://velonews.competitor.com/2005/10/news/legally-speaking-with-bob-mionske-the-perfect-stone_9003

After reviewing the fact pattern and the negligence analysis, explain whether you believe that a claim for negligence would be successful in the scenario involving the bicyclist.

If you were representing the respondent in this action, what points would you want to further explore in representing your client and why? To support your position, provide examples of claims that you believe would be successful under negligence and the legal analysis to support your conclusions.

PArt 2 Negligence in Action

Read the case of Sampson v. Zimmermanhttps://scholar.google.com/scholar_case?case=17623666752652640859&q=%22502+NE+2d+846%22&hl=en&as_sdt=2002

(502 N.W.2d 846) on pages 42-44 of your text. After reading the case, explain:

  • A summary of the claim brought by the plaintiff (what was the plaintiff suing for)
  • Your thoughts on the outcome of the case
  • If you were a juror in this case, would you have decided the case the same way? Why or why not?
  • What is the plaintiff’s most difficult proof problem in the negligence claim?

 

 

……………..Answer preview………….

A claim for negligence would not be successful. The cyclist was on the right side of the road and in full compliance of the law. It is true that the cyclist owes a duty of care to other road users such as pedestrians and other motor vehicles and this was not breached……………………………

 

APA

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