There are a few facts to consider when reviewing the scenario at hand. On the evening in question, three teenagers where found at Elsewhere City Park at closing time by Officer Ruthless. Earlier that night, Susie hitched a ride with Orson to the park to meet up with her friend Jerry and his girlfriend, Kate. Orson was supposed to pick up Susie at 11:00PM but he had yet to do so. Upon finding them still at the park, the Elsewhere Police Department officer asked them to leave because of curfew and closing time. Susie told Ruthless she wanted to wait for Orson, or that she could walk home, but the officer insisted that she get in the back of the truck and leave with Jerry or else he would otherwise enforce the curfew.
After they left Elsewhere City Park, Jerry made two stops. One is unknown the other was four doors down from Susie’s house. Why did she not get off and walk home we do not know, but we do know that later she was involved in an accident where she ended up seriously injuring herself. Approximately a half hour had passed between the time the group left the park area and the time Jerry lost control and made the turn that caused the truck to overturn.
Susie has filed a complaint against the City and Officer Ruthless. Susie blames Ruthless for her injuries and claims that he (and the City) is liable for negligently ordering Susie to ride in the back of the truck. As the judge, it is my duty to figure out if Susie does in fact have a case against Ruthless and if he is the proximate cause of Susie’s injuries.
In Introduction to Law, 4th Edition, Joanne B. Hames makes mention of Duty of Due Care, a term that states “we are all under a duty to act in such a way as not to injure those around us” (Hames, 2009, Pg. 149). Most often than not, a person is sued not for doing something but for failing to do something. In other words, a person is more often than not prosecuted for breaching the duty of due care and being negligent. In the State, people are...