Susie Marks caught a ride to Elsewhere City Park from Orson, who then dropped her off and left. She met her friend Jerry and his girlfriend Kate. Orson was to return for Susie at 11:00 p.m., which is the park’s curfew. Around 11:00 p.m. Officer Ruthless of the Elsewhere Police Department, approached the three minors and informed them the park was closing and instructed to leave the park immediately. Unfortunately, Orson had not yet arrived for Susie Marks.
Jerry drove a small truck, which had the bed covered with a camper shell, so Jerry and Kate could leave the instant Officer Ruthless told them to leave. On the other hand, Susie informed the officer that she wished to wait for Orson or otherwise walk home seeing as her home was only six blocks away, but Officer Ruthless told her she must leave and followed by telling her to jump into the camper in Jerry’s small truck. It is legal in the state for people to ride in a camper of a pick-up truck. Officer Ruthless stated he did not feel secure allowing Susie to walk home alone that late at night.
Susie, Jerry and Katie drove around for about a half an hour without taking Susie home. Jerry made one stop which was located down the street where Susie lived, but Susie never got off on the first stop. At some point, Jerry lost control of the vehicle while making a left turn resulting in the truck turning over and seriously injuring Susie. After the incident Susie filed a complaint against the City of Elsewhere, Officer Ruthless, and other defendants, alleging that the City and the Police were negligent and therefore liable for her injuries. The main issue is to prove if the City and Officer Ruthless are liable for Susie’s injuries, due to the simple fact that Officer Ruthless ordered Susie Marks to ride in Jerry’s camper because of the park curfew time.
As stated in the book Law, Business, and Society, by Tony McAdams, a negligence claims requires
Cited: McAdams, T., Neslund, N., & Zucker, K. D. (2012). Law, business, & society. (10 ed.). New York, NY: McGraw-Hill. http://corporate.findlaw.com/litigation-disputes/civil-litigation/civil-remedies/