No Marshmallows, Just Term Papers
John Davis vs. Yvonne Espostio Case
February 18, 2012
Business Law I LS311
Professor: Myra Navarro
The follow is information below is on the case for John Davis vs. Espostio:
As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employer of the show's producer, stood near the exit. Suddenly, without warning, Davis turned around and collided with Yvonne Espostio, an 80-year-old woman.
Esposito was knocked to the ground, fracturing her hip.
After hip replacement surgery, she was left with a physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence.
I will be looking at key factors that indicate whether Davis owes Espostio duty of care due to her injury. When researching through our business law book on page 80 it states Torts are defined as wrongful actions and tort law, society compensates those who have suffered injuries as a result of the wrongful conduct of others. (Miller, 2008, p. 80) By the definition of Tort Law, Espostio did get injured while leaving an art and craft show by one of their employees Davis. Due to Espostio injury, this has left her with a physical impairment. There are Unintentional Torts which I believe this were Davis falls under, I do not believe he planned for anyone to get hurt, he was just doing his job and making sure everyone exits the building. However, due to his negligence, then turning around quickly and colliding with Espostio causing her to fall.
The tort of negligence happens when a person suffers from injury because of another’s failure to live up to a require duty of care. (Miller, 2008, p. 89) I’m sure Davis had no intention on hurting anyone, so this case would not fall under Intentional Torts. Since Davis is working for the show’s producer, this moves the case under a Business Torts, which are usually charged with a duty to exercise reasonable care to protect those persons who are considered business...