Write an
IRAC paragraph based on the following facts, issue, and statutes.
Facts
Ms. Jones
was waiting to get off the commuter train in the train’s vestibule. The
commuter train pulled into the station and Ms. Jones descended the stairs to
disembark from the train. The conductor exited the train first to watch the
passengers exit the train and then signal to close the doors and for the train
to start rolling. Ms. Jones was carrying her briefcase which had a long strap.
As Ms. Jones exited the train the briefcase strap was behind her. The train
doors shut with Ms. Jones on the platform but with the briefcase strap still
inside the door. The train dragged Ms. Jones about 10 feet and she suffered a
broken shoulder. The issue you have to consider is whether the conductor’s
negligence by signaling for the train to start was the proximate cause of Ms.
Jones’s broken shoulder. The issue that you should focus on is whether the
conductor’s failure to see that Ms. Jones’s briefcase strap, was inside the
door as he signaled for the train to start moving, is the proximate cause of
her broken shoulder. Statutes: Chapter 131 Nowhere Revised Code §12 (2014). An
operator of a common carrier must perform regular inspections of all components
of the common carrier. Failure to do so constitutes negligence. The failure to
perform inspections and the resulting negligence will be considered the
proximate cause of all injuries occurring aboard a common carrier. Chapter 131
Nowhere Revised Code §14 (2014). It is the duty of an operator of a common
carrier to exercise additional care when dangers are foreseeable.
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