Question

A man who was driving his car at night stopped the car and went into a nearby tavern for a drink. He left the car standing at the side of the road, projecting three feet into the traffic lane. The lights were on, and his friend, the plaintiff, was asleep in the back seat. The plaintiff awoke, discovered the situation, and went back to sleep before the man returned. His car was hit by an automobile approaching from the rear and driven by the defendant. The plaintiff was injured. The plaintiff sued the defendant and the man jointly to recover the damages he suffered resulting from the accident. The jurisdiction has a pure comparative negligence rule and has abolished the defense of assumption of risk. In respect to other issues, the rules of the common law remain.

What is the primary legal issue in this case?

a)Assault and Battery
b)Negligence
c)Trespassing
d)Breach of Contract

Answer 1

The primary legal issue is negligence, as the facts suggest a failure of reasonable care by both the driver who left the car in the traffic lane and the other driver who hit the car. Therefore correct answer is option b.

Step-by-step explanation:

The central legal concern in this case revolves around negligence (b). Negligence encompasses the failure of a party to exercise reasonable care, thereby leading to injuries or losses for another individual. In this lawsuit, the plaintiff is pursuing legal action against both the defendant and the man collectively for damages sustained in the accident, indicating potential allegations of negligence against both parties. The defendant may be held accountable for a lack of careful driving, resulting in a collision with the improperly parked car.

Concurrently, the man could be accused of negligence for leaving his vehicle protruding into the traffic lane. In adherence to the jurisdiction's adherence to the rule of pure comparative negligence and the absence of the assumption of risk defense, the court will evaluate the respective contributions of each party to the accident when determining the extent of damages.