Hypo Time Forum

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Lawdork

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Hypo Time

Post by Lawdork » Sun Oct 18, 2015 4:43 pm

John is a college student who hailed a cab one night after a heavy night of drinking at the "The Drunken Clam." On the way home, John rolls down the cab window and throws a beer bottle at a pedestrian named Jane. Jane gets a concussion and has to undergo surgery to fix her head. Betting that John is a broke college student, Jane has asked our firm if she can sue the cab company and "The Drunken Clam" for negligence. Does Jane have a suit for negligence?

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Kinky John

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Re: Hypo Time

Post by Kinky John » Sun Oct 18, 2015 5:44 pm

No because Jane is an asshole and she deserved it

hth

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Mack.Hambleton

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Re: Hypo Time

Post by Mack.Hambleton » Sun Oct 18, 2015 6:39 pm

I think Jane is liable here

She must pay John's taxi fare

Lawdork

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Re: Hypo Time

Post by Lawdork » Sun Oct 18, 2015 6:44 pm

Should have switched their roles to please all the misogynists in these fora.

03152016

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Re: Hypo Time

Post by 03152016 » Sun Oct 18, 2015 10:12 pm

no

no agency relationship
no negligence. high b against pl
no duty, b/c crushing liability
no prox cause
policy: we want cabs to take drunks home

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Lawdork

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Re: Hypo Time

Post by Lawdork » Mon Oct 19, 2015 8:37 am

Brut wrote:no

no agency relationship
no negligence. high b against pl
no duty, b/c crushing liability
no prox cause
policy: we want cabs to take drunks home
Torts professor said It depends on if the passenger was making threats to passerbys etc., or if it was completely random. Low B to roll up window and lock it either way though. PL and foreseeability goes up if he is already acting violently.

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BVest

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Re: Hypo Time

Post by BVest » Mon Oct 19, 2015 9:34 pm

That's a classroom hypo rather than an exam hypo, but bonus points if you point out that most cab companies are set up as an organization of independent contractors and then run down the factors that go into employee vs independent contractor for a respondeat superior claim (assuming you can make a case for a negligence claim against the driver in the first place).
Last edited by BVest on Sat Jan 27, 2018 4:35 am, edited 1 time in total.

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pancakes3

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Re: Hypo Time

Post by pancakes3 » Mon Oct 19, 2015 10:56 pm

Brut wrote:no

no agency relationship
no negligence. high b against pl
no duty, b/c crushing liability
no prox cause
policy: we want cabs to take drunks home
dat dram shop doe

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