Candie Cardigan has been asked to model CARDWARE’s newest sweater line that is m

Question

Candie Cardigan has been asked to model CARDWARE’s newest sweater line that is made of thin and yet warm material, called Naturally There, as it can withstand temperatures of 30 below 0. Because this will provide CARDWARE with good publicity of its newest clothing line, she agrees to walk the runway in Fashion City. The modeling event is being held at the Easton Hotel. Celebrities and those involved in the fashion industry will be in attendance. Several models precede Candie and her debut of Naturally There. Clad in a tasteful skirt, 4-inch high heels and a green Naturally There sweater, Candie proceeds to the end of the runway. A small wrinkle in the carpet causes Candie’s left shoe to get caught and she falls over the end of the runway onto the row of judges. Unfortunately, Myra, a judge and world-renowned model, suffers a broken nose and cut to her face from one of Candie’s shoes.

Myra wants to bring a lawsuit based on negligence against CARDWARE and Candie.

You are the paralegal working for CARDWARE’s corporate counsel. memorandum to the CEO, Casandra (Cassie) Cardigan and discuss the following:

1. The elements one must establish to bring a cause of action based on negligence.

2. Potential defenses that CARDWARE and Candie may use against Myra’s claim.

Date:

To: Candie Cardigan, CEO

CARDWARE Inc.

From: [Your Name]

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

Organize your memorandum with an introduction, body, and conclusion.

Explanation / Answer

March 27, 2018

To: Candie Cardigan, CEO, CARDWARE Inc.

From: Sam Alex

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

This memo is regarding the lawsuit by Myra against CARDWARE and Candy based on negligence. The elements that are required to prove the negligence and the potential defenses that CARDIGAN and Candie may use against Myra’s claim are discussed below.

The elements that are required to prove negligence are duty, breach of duty, Causation and damages. Here the duty includes CARDIGAN’s duty to exert reasonable care while preparing the runway and Candy’s duty to exercise reasonable care while walking through the runway. But both of them breached their duty which resulted into the injury for Myra’s nose and face. Another important element to prove is causation and it includes both actual cause and proximity cause. Under actual cause Myra needs to prove that Candy and CARDIGAN’s negligence caused the injury which is possible for Myra as so many were witnessing the incident. Proximity cause relates to the scope of defendant’s responsibility in the negligence and the defendant can be held liable for the injuries that defendant could have foreseen through the actions. If the proximity cause cannot be proved, Myra’s negligence claim will not be successful.

Potential defenses available with Candy based on cause of action: When we consider the case of Candy, the injuries are outside the scope of risks that she could have foreseen because it is her debut and if she could have foreseen the possibility of the risk as well as harm, she would have never agreed to model and walk in the runway. Hence Candy may use the defense of proximity cause against Myra’s claim.

Potential defenses available with CARDIGAN based on cause of action: CARDIGAN had the responsibility to prepare the runway without wrinkles and the injuries that may happen when the models walk on the ramp with high heeled shoes could be foreseen by CARDIGAN. Hence it will be difficult for CARDIGAN to defend against Myra based on proximity cause. But CARDIGAN may present the defense that the possibility of injury to the judge by the model was not foreseeable. Another defense CARDIGAN can present is the assumption of risk. CARDIGAN may state that Myra could have assumed the risk of sitting at the end of the runway where the models walk with high heeled shoes and could have exercised reasonable care to avoid the injury. But the chances are less to succeed.

Hence Candie may use the defense based on proximity cause successfully, but the defenses available with CARDIGAN are not strong and the decision depends on success of presenting the defense and the jury.

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