THIS IS A NEGLIGENCE CASE. PLEASE DISCUSS THE ARGUMENT YOU WOULD MAKE WITH REGARD TO EACH DEFENDANT USING THE ELEMENTS OF NEGLIGENCE. PLAINTIFF IS A FIRST GRADER AT ELM ELEMENTARY.
THE 7 YEAR OLD BOY WAS INJURED ON THE PLAYGROUND AT RECESS IN AN INCIDENT ON AN APPARATUS COMMONLY REFERRED TO AS MONKEY BARS.
ON THE DATE IN QUESTION, THE FIRST GRADE CLASS WAS ON MORNING RECESS. TWENTY EIGHT STUDENTS WERE SUPERVISED BY TWO PLAYGROUND MONITORS. ONE MONITOR WAS CALLED TO A GRASSY AREA WHERE SEVERAL BOYS WERE THROWING MUD. ONE MONITOR WAS ATTENDING A CHILD WHO TRIPPED WHILE JUMPING ROPE AND SKINNED HER KNEE. NEITHER PLAYGROUND MONITOR WITNESSED THE TWO 7 YEARS OLDS CLIMBING FROM OPPOSITE ENDS OF THE MONKEY BARS SWINGING FROM BAR TO BAR WITH THEIR HANDS. PLAINTIFF AND DEFENDANT #1, MET IN THE MIDDLE AND WRAPPED THEIR LEGS AROUND EACH OTHER: EACH ATTEMPTING TO MAKE THE OTHER FALL. THE PLAINTIFF FELL, BREAKING HIS RIGHT FOREARM. THE INJURY REQUIRED SURGERY. PLAINTIFF’S FATHER ON BEHALF OF PLAINTIFF FILED SUIT AGAINST DEFENDANT #1 THE OTHER 7 YEAR OLD (THE OTHER 7 YEAR OLD’S FATHER), DEFENDENTS #2 AND #3: THE PLAYGROUND SUPERVISORS, PLAINTIFF #4 ELM ELEMENTARY SCHOOL, AND PLAINTIFF #5 THE SCHOOL BOARD.
March 19, 2018Uncategorized
This is a negligence case. Please discuss the argument you would make with regard to each defendant using the elements of negligence.
Plaintiff is a first grader at Elm Elementary. The 7 year old boy was injured on the playground at recess in an incident on an apparatus commonly referred to as monkey bars. On the date in question, the first grade class was on morning recess. Twenty eight students were supervised by two playground monitors. One monitor was called to a grassy area where several boys were throwing mud. One monitor was attending a child who tripped while jumping rope and skinned her knee. Neither playground monitor witnessed the two 7 years olds climbing from opposite ends of the monkey bars swinging from bar to bar with their hands. Plaintiff and defendant #1, met in the middle and wrapped their legs around each other: each attempting to make the other fall. The plaintiff fell, breaking his right forearm. The injury required surgery. Plaintiff’s father on behalf of plaintiff filed suit against Defendant #1 the other 7 year old (the other 7 year old’s father), Defendents #2 and #3: the playground supervisors, Plaintiff #4 Elm Elementary School, and Plaintiff #5 the school board.
This is a negligence case. Please discuss the argument you would make with regard to each defendant using the elements of negligence.
Plaintiff is a first grader at Elm Elementary. The 7 year old boy was injured on the playground at recess in an incident on an apparatus commonly referred to as monkey bars. On the date in question, the first grade class was on morning recess. Twenty eight students were supervised by two playground monitors. One monitor was called to a grassy area where several boys were throwing mud. One monitor was attending a child who tripped while jumping rope and skinned her knee. Neither playground monitor witnessed the two 7 years olds climbing from opposite ends of the monkey bars swinging from bar to bar with their hands. Plaintiff and defendant #1, met in the middle and wrapped their legs around each other: each attempting to make the other fall. The plaintiff fell, breaking his right forearm. The injury required surgery. Plaintiff’s father on behalf of plaintiff filed suit against Defendant #1 the other 7 year old (the other 7 year old’s father), Defendents #2 and #3: the playground supervisors, Plaintiff #4 Elm Elementary School, and Plaintiff #5 the school board.
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