Unit 2

Unit 2

LS 311

7/18/16

Sandra Hurd

Date: 7/18/16

To: Candie Cardigan, CEO

CARDWARE Inc.

From: Sandra Hurd, Paralegal

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Re: Negligence Requirements and Potential Defenses to Myra’s Claim

Candie Cardigan was asked to model CARDWARE’s newest sweater, called “Naturally There”. The modeling event was held at Easton Hotel. Several models had gone before Candie, so she proceeded down the runway, Candie’s left shoe found a wrinkle in the runway carpet, causing her to fall off the stage right into the judges’ area. In the process Myra, one of the judges, received a broken nose and facial cut from Candie’s high heel. Myra is now bringing a lawsuit of Negligence against CARDWARE and Candie Cardigan.

Negligence has 4 elements that need to be met for a lawsuit to move forward in or out of court. Negligence elements are: Duty of Care, Breach of Duty to that Care, Causation (Actual and Proximate), and Damages. Duty of Care: the defendant had a responsibility to the safety of plaintiff. Breach of Duty: the” but for” test is used, such as, the defendant would have not tripped over a wrinkle in the runway carpet, the plaintiff would not have been injured. Causation has two items to look at; a) the actual cause, this being the Defendant had tripped on a wrinkle in the carpet, falling into the judges’ table, breaking the nose and cutting the face of one of the judges. b) Proximate legal cause has to be the plaintiff foreseeably knew the wrinkle was in the runway carpet, that would produce a model to trip and fall into the judge’s area, which in turn caused the plaintiffs broken nose and facial cuts. Finally, the damages are the injuries that occurred during the Breach of Duty (Contributory and Comparative Negligence, 2016).

For Myra to bring a lawsuit of Negligence against CARDWARE and Candie Cardigan, all these elements need to be met. Not all elements are met, the plaintiff’s injuries were not foreseeable and directed...