For Your Data Sandler V. Republic Instance Brief
February 05, 2022
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FACTS
-P injured when he barbarous off cycle attempting to exceed through tunnel which is controlled past times the authorities (city of Cambridge, MA).
ISSUE
-Was the D (government's) deport inwards non maintaining the bikeway reckless or wanton?
HOLDING
-No.
RULES
-Reckless deport = failure to act, if at that topographic point is a duty to act, likewise every bit affirmative conduct.
-Reckless failure to human action involves an intentional or unreasonable disregard of a gamble that presents a high score of probability that substantial impairment volition number to another.
ANALYSIS
-Court hither says that the D in addition to employees were aware of gamble of impairment that was created past times an unlit tunnel alongside missing drain covers.
-Here, however, the score of gamble is non the same every bit the criterion that the courtroom establishes for reckless. This is to a greater extent than on the describe of piece of occupation alongside negligence.
-P injured when he barbarous off cycle attempting to exceed through tunnel which is controlled past times the authorities (city of Cambridge, MA).
-Was the D (government's) deport inwards non maintaining the bikeway reckless or wanton?
Baca Juga
HOLDING
-No.
RULES
-Reckless deport = failure to act, if at that topographic point is a duty to act, likewise every bit affirmative conduct.
ANALYSIS
-Court hither says that the D in addition to employees were aware of gamble of impairment that was created past times an unlit tunnel alongside missing drain covers.
-Here, however, the score of gamble is non the same every bit the criterion that the courtroom establishes for reckless. This is to a greater extent than on the describe of piece of occupation alongside negligence.
