Posted: September 23rd, 2022

Familiarize yourself with florida state’s civil statute regarding negligence.

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Exercise Content
Assignment Introduction:
Familiarize yourself with FLORIDA state’s civil statute regarding negligence.
Identify the specific elements that a plaintiff must prove in order to win.
Review state cases from FLORIDA involving negligence lawsuits.
Assignment Facts:
Ms. Zoom, the speedy driver from Assignment 1, was found not guilty after a lengthy trial; thus, Mr. Jitters lost his emotional distress lawsuit against her. Excited to be vindicated, Ms. Zoom hosted a party at her home. She invited all of her friends and coworkers but did not require them to RSVP or provide her with the number of guests that would be accompanying them. She sent a text with her address and the arrival time (which was 8 PM). When asked, she simply replied, “Bring whatever you’d like, but I will have a full bar, mixers, and light snacks.” The party began with a steady flow of guests, which quickly grew to more than 100 people. At around 11 PM a fight broke out between two individuals. The police were called and immediately shut the party down. Everyone left and Ms. Zoom went to bed without ever even seeing the individuals who were involved in the fight. However, a few days later Ms. Zoom was served with a civil complaint. She is being sued by Mr. Partee Fyter for a $20,000 hospital bill incurred as a result of the injuries he sustained while attending Ms. Zoom’s party. After some investigating, the following facts were confirmed:
1. Mr. Fyter received a text from Ms. Zoom with the invitation details
2. Ms. Zoom does not know Mr. Fyter, but she mistakenly sent him a text that was intended for someone else
3. Mr. Fyter got into an altercation with Mr. Ney Bor, who is Ms. Zoom’s next-door neighbor and dear friend
4. Neither one remembers precisely how or why the fight began, nor do they know how it was broken up
5. Both men are about the same age and size, and in equally bad physical shape
6. They sustained similar injuries and both men were equally intoxicated, consuming alcohol furnished by Ms. Zoom and fellow guests
7. Nobody in attendance recalls any further details regarding this altercation
Assignment:
publish a response defending one of the two conclusions:
1. Ms. Zoom is civilly liable for the injuries sustained by Mr. Fyter.
2. Ms. Zoom is not civilly liable for the injuries sustained by Mr. Fyter.
The response must meet the following guidelines:
o publish a thorough, one-page analysis supporting your conclusion
o Your conclusion will be determined by answering one broad question: Was Ms. Zoom negligent?
o Ms. Zoom’s behavior must be analyzed in its totality, from invitation up until the guests left her home
o Your discussion must include a brief summary of your state’s negligence statute (FLORIDA’s) (focus on the specific elements that Mr. Fyter must prove in order to convince a jury that Ms. Zoom was negligent)
o Rely on at least one civil case from FLORIDA state to demonstrate WHY your conclusion is correct
o Briefly discuss the relevant facts from that case and how they are similar to Ms. Zoom’s situation (the goal is to connect the “story” from that case to this story)
o Summarize the court’s findings from that case and how those findings might apply to this lawsuit
o All sources must be obtained from LexisNexis and cited correctly to meet APA or Bluebook criteria
o The entire response must be in the third person (no use of I, you, we, us)
o The final publish must be proofread before submission, which requires a very thorough review of the Grading Criteria outlined below
This were the facts from Assignment 1 for reference:
Mr. Jitters has always been a bit of a nervous wreck. One day he was driving home, abiding by all traffic laws, when out of nowhere Ms. Zoom recklessly cut in front of his car, coming within inches of a collision. Mr. Jitters went into a full-blown panic attack. He pulled over, taking deep breaths to control his heart rate. After two hours he regained his composure and drove home. However, since that day, he has not been able to drive himself anywhere and wakes up every night with nightmares of Ms. Zoom almost colliding with him. Due to his inability to drive and lack of sleep, Mr. Jitters lost his job and now wants Ms. Zoom to be held accountable. This is the case of Jitters (plaintiff) v. Zoom (defendant).

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