Blaw

Hairston v. black lovage Tank and Equipment Co. 311 S.E.2d 559 (N.C. 1984) FACT -Plaintiff: Bettye Hairston ( bathroom Hairstons wife) -Defendant: Haygood Lincoln-Mercury. Inc (Haygood) and Alexander Tank and Equipment Co. -After John Hairston purchased a new railway political machine from Haygood, the left rear rotate of his gondola car came off. Since in that respect were no places to park his car, he stop his car in the out-of-the-way(prenominal) right lane. However, the truck crashed Hairstons car and he was killed be give birth he was standing between his car and van. The plaintiff claims that the wheel came off the vehicle because the lug clear had not been tightened on the wheel studs. And the jury found both(prenominal) defendants abstracted. Yet, the tryout court of justice Judge granted Haygoods function for judgment and found that Alexanders negligence was the flying cause of Hairstons finish. ISSUE -The question is whether Haygood was a agile cause of decedents death and Alexander could see this point before this events happened because foreseeability is required of proximate cause. Additionally, the question is whether the Hairstons death had occurred because of only Haygood or both Haygood and Alexander.

RULES -According to the article, In show to embed actionable negligence, plaintiff must show (1) that there has been a failure to exercise proper care in the operation of some legal duty which defendant owed to plaintiff low the circumstances in which they were plac ed; and (2) that such remiss breakout of ! duty was a proximate cause of the fault. Thus, the justice has to apply sure that there is an proximate cause of the Hairstons death. ANALYSIS -The court of Appeals found out that Alexander was negligent because he failed to plosive speech sound the Hairstons car which was on the road. The article states These negligent acts of Alexander -- new and separatist of any negligent acts of Haygood -- constitute the proximate cause of injury and the death of plaintiffs...If you want to get a full essay, clubhouse it on our website: OrderCustomPaper.com

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