Burdette Breakout 22 Notes PDF

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Lecture 22 Notes for ACT 410...

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Burdette Breakout 22 Notes ●

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Montgomery (Plaintiff) v National Convoy & Trucking Co. (Defendant) 1937 ○ Facts: ■ Nation convoys trucks stalled on an icy road blocking the road completely ■ Montgomery’s car came down the hill without seeing the trucks ■ The car hit the trucks ○ Question: If you are doing nothing, do you still owe a duty? ○ Holding: yes ■ Warning at top of hill would have been effective and prevented injury ■ Lack of signage was the but for causation of the case Negligence ○ Is there a duty owed ○ Is there a breach of the duty (did they fail to meet their standard of care) ○ Causation ○ Damages If there is gross negligence ○ Criminal action brought about by the state against tortfeasors If punitive damages are awarded, judges usually reduce them because they think the jury was being too passionate Respondeat superior: superior has to respond to the torts in which they are superior ○ Employer is responsible for the torts of their employee...