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Instructions:
BUS205 Negligent Act of Bill Questions
The assignment must be typed and no longer than 2 -3 pages. Points for each question are outlined below
Facts1
The case involved a large commercial grass cutter commonly known as a Bush Hog. This one was being pulled behind a John Deere tractor by Bill, a local farmer, when it struck an abandoned manhole cover hidden in the weeds of a vacant lot. A four-inch piece of jagged steel was launched from the swirling blades of the Bush Hog. Once airborne, it traveled 54 feet before striking a 12-year-old boy, Aaron, in the left temple.
Aaron was an excitable boy with attention deficit disorder and had been told many times by his mother to stay away from the vacant lot because he could get hurt. Aaron, like many other boys, was also fascinated with tractors and other farm machinery. At the time of the accident Aaron was running along the edge of the vacant lot as Bill was mowing and trying to get Bill’s attention (running parallel to Billund yelling and waving his arms).
Aaron was grievously injured. In the four years since the accident, he has almost died several times and undergone eleven operations. His medical bills are well over the cap of $500,000 on the family’s health insurance policy. Expenses for his future care (from this point forward) are estimated at $750,000. But that doesn’t cover or account for the excruciating pain Aaron feels in his face every time he eats, coughs, sneezes, talks, or does anything with his mouth or jaw.
The Bush Hog in question here was fifteen years old at the time of the accident. It was not equipped with side rail guards, debris chains, or any other safety feature used by most of the industry for at least thirty years. The side rails and debris chains were standard equipment on this Bush Hog, and were fairly easy to remove with removal of a few screws and bolts. The side rails and debris chains were removed from this particular Bush Hog by previous owner(s). Bill (who owned other Bush Hogs, other mowing machines, and other farm equipment) noticed this when he bought this Bush Hog, but never did anything to replace those parts.
It is impossible at this time to prove the chain of ownership or who removed the safety features. With or without the safety features, the Bush Hog is not a pretty machine; it is designed to one thing – cut down thick grass and brush through the use of a series of sharp blades rotating at high speeds. It is an extremely dangerous, but efficient, machine.
Aaron (through his mom) is going to sue Bill, the owner of this particular Bush Hog, for negligence. (Note: This question is only asking you to assess the negligence issues (duty, breach, causation, damages) against Bill. You do not need to discuss any intentional torts, products liability, or “strict liability” issues, or claims against other possible defendants like Bush Hog, the Bush Hog’s prior owners, or the owner of the vacant lot). You can think about all that other stuff if you want. But the answers below should just be about Aaron’s case against Bill.
1) You are a junior lawyer at the Plaintiff’s (Aaron’s) law firm. The senior partner is trying to analyze potential claims for negligence against Bill (can Aaron put on a case against Bill for negligence?). The senior partner asks you the following questions to help her decide whether to file the case. (Use what you learned from the lecture and the text book).
2) You are a junior lawyer at the law firm that represents Bill. The senior partner has heard that Aaron’s complaint is coming. She asks you to the following question to help her plan a defense. (Use what you learned from the lecture and the text book).
BUS205 Negligent Act of Bill Questions
RUBRIC |
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Excellent Quality 95-100%
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Introduction
45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Literature Support 91-84 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met. |
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Average Score 50-85% |
40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided. |
83-76 points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration. |
52-49 points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met. |
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Poor Quality 0-45% |
37-1 points The background and/or significance are missing. No search history information is provided. |
75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration. |
48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met |
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BUS205 Negligent Act of Bill Questions |
BUS205 Negligent Act of Bill Questions