Negligence

Review the entire section on Negligence in Chapter 8, including each subpart. As you will see, the five
elements that a plaintiff needs to prove in a negligence claim are duty of due care, breach of that duty, factual
cause, proximate cause, and damages.
Now consider this fact situation. Joey is suing Brandon Corporation for negligence because its delivery truck hit
him while he was crossing the street. Joey was in a crosswalk. The delivery driver was being attentive to the
road but got momentarily distracted and just didn't see Joey in time to stop. Joey was sent to the hospital.
Luckily, he only suffered bruising and a sore back. His emergency room bill was $3,000.
Explain each of the five elements for negligence and whether they are proved by Joey in this situation. Note, go beyond the introductory part of the section on negligence. I want to know that you understand each
element. Also, make sure you get the important terms into your answer.
Question #2 (5 points):