dynamic business law
Week II Assignment
Group II – Cases 8 & 10
Case 8: Galindo v. Town of Clarkstown
Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
The case involves Mr. Galindo's wife as the plaintiff and her employer, Mr. Richard Clark, as the defendant.
Identify the facts associated with the case and fact patterns.
Javier Galindo, the husband of the plaintiff, was sitting in his car in the driveway of Mr. Clark's property waiting to pick up his wife, who worked as a housekeeper for Mr. Clark, when a leaning 80 ft tree on an adjacent property fell on the plaintiff's husband's car and killed him. Ms. Galindo sued Mr. Clark for failing to notify her husband of the danger posed by the leaning tree.
Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties). Provide a judgment on who should win the case - be clear.
The appropriate legal issue in this case is to decide who, or whether anyone bears responsibility for the fall of the leaning tree. The plaintiff assumes that because Clark owns the property where the tree fell, that he is responsible for notification of its danger. Yet the plaintiff herself worked at Clark's house as a housekeeper and did not notify her husband of the danger of the leaning tree. This shows the flawed logic behind the plaintiff's argument that it takes one to spend time in that house to see the danger of the tree and to notify others about it. People do not have to be responsible for calculating the risks of leaning trees and no one should bear responsibility for Galindo's death. It is an accident that is beyond the human ability to prevent and the case should be dismissed.
Support your decision with an appropriate rule of law.
The decision is based on custom/defenses to negligence. Custom rule of law states that there is no breach when the defendant acts in line as everyone else. And in this case the act of ignoring a leaning tree is
Group II – Cases 8 & 10
Case 8: Galindo v. Town of Clarkstown
Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
The case involves Mr. Galindo's wife as the plaintiff and her employer, Mr. Richard Clark, as the defendant.
Identify the facts associated with the case and fact patterns.
Javier Galindo, the husband of the plaintiff, was sitting in his car in the driveway of Mr. Clark's property waiting to pick up his wife, who worked as a housekeeper for Mr. Clark, when a leaning 80 ft tree on an adjacent property fell on the plaintiff's husband's car and killed him. Ms. Galindo sued Mr. Clark for failing to notify her husband of the danger posed by the leaning tree.
Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties). Provide a judgment on who should win the case - be clear.
The appropriate legal issue in this case is to decide who, or whether anyone bears responsibility for the fall of the leaning tree. The plaintiff assumes that because Clark owns the property where the tree fell, that he is responsible for notification of its danger. Yet the plaintiff herself worked at Clark's house as a housekeeper and did not notify her husband of the danger of the leaning tree. This shows the flawed logic behind the plaintiff's argument that it takes one to spend time in that house to see the danger of the tree and to notify others about it. People do not have to be responsible for calculating the risks of leaning trees and no one should bear responsibility for Galindo's death. It is an accident that is beyond the human ability to prevent and the case should be dismissed.
Support your decision with an appropriate rule of law.
The decision is based on custom/defenses to negligence. Custom rule of law states that there is no breach when the defendant acts in line as everyone else. And in this case the act of ignoring a leaning tree is