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Question 3. 3. (TCO C)




Question 3. 3. (TCO C) Three professors from Keller?s Illinois campus, Favre, Bush, and Clinton, decide to visit XYZ Go-kart facility together in Minnesota. This decision is made after a lengthy faculty brunch, at which unlimited alcoholic mimosas were served. XYZ Go-kart advertises at the college?s various campuses and, in fact, the professors use their faculty discount at the facility. At the facility signs are posted everywhere in bold: ?BY PARTICIPATING IN Go-KART RACING, YOU VOLUNTARILY ASSUME THE RISK OF ANY DEATH OR INJURY THAT MAY RESULT. ? Additionally, the professors hurriedly sign a contract, which states: ?YOU ARE GIVING UP ALL LEGAL RIGHTS?, ?XYZ WILL NOT BE HELD LIABLE FOR ANY NEGLIGENCE RESULTING IN YOUR INJURY OR DEATH?, and ?THE PARTIES AGREE THAT ANY POSSIBLE LEGAL ACTION WILL BE HEARD IN THE STATE OF MINNESOTA.?;Professor Favre, who lives in Wisconsin, is sick and sweating profusely after consuming a great deal of alcohol. He decides not to race. He suspects that he is having a minor reaction as he is diabetic and drank more than he intended. In the Waiting Area, which is located next to the track, he takes off his helmet. There is a sign posted that says ?KEEP YOUR RACE HELMET ON WHILE IN THE WAITING AREA!;Clinton and Bush, who dislike each other for unknown reasons, are the only ones on the track. They use go-carts manufactured by PrimoKarts. As they begin the race they drive very aggressively. Unbeknownst to either party, Ritchie, XYZ?s mechanic, fed up with low pay, did not do the usual morning inspection of the brakes and tires on either vehicle that morning. XYZ had been contemplating firing Ritchie due to his erratic work habits. XYZ instructed Ritchie to inspect the PrimoKarts daily as they never trusted their brake mechanism. PrimoKarts are regularly marketed to amusement parks. Their instruction manual states that they are not to be used for racing.;After two laps, Clinton?s brakes fail as he tries to aggressively pass Bush. He crashes into Bush?s kart near the waiting area. The brakes on both vehicles fail to hold. A tire dislodges at a high-rate of speed, and hits Professor Favre in the head, rendering him unconscious and bleeding from head injuries. His helmet is lying on the ground nearby. An ambulance is called. The medical technicians, seeing the head injuries, fail to notice the medical alert bracelet on Professor Favre?s wrist. At the hospital, Favre dies from insulin shock and other complications due to his diabetes while the emergency room doctor was doing a procedure to prevent blood clots and a possible stroke from the head injury. At autopsy, it was later learned that Professor Favre had been rendered brain dead by accident at the XYZ Go-kart facility.;(a) What claims may Professor Favre?s widow bring against the various parties?;(b) What defenses might each party bring against the possible claims asserted by Professor Favre?s widow?;(c) In what state should the case be brought?;(Points: 30)


Paper#17108 | Written in 18-Jul-2015

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