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You Decide: Susie Marks vs. City of Elsewhere and Officer Ruthless

Susie Marks caught a ride to Elsewhere City Park from Orson, who then dropped her off and left. She met her friend Jerry and his girlfriend Kate. Orson was to return for Susie at 11:00 p.m., which is the park’s curfew. Around 11:00 p.m. Officer Ruthless of the Elsewhere Police Department, approached the three minors and informed them the park was closing and instructed to leave the park immediately. Unfortunately, Orson had not yet arrived for Susie Marks.
Jerry drove a small truck, which had the bed covered with a camper shell, so Jerry and Kate could leave the instant Officer Ruthless told them to leave. On the other hand, Susie informed the officer that she wished to …show more content…

The plaintiff must prove that there was negligence from the defendant’s side, which resulted with the injury and they are to be blamed. Negligence is generally a question of fact for the jury, and whether a legal duty exists is something that needs to be solved within the court. In this case, what needs to be determined is whether the City of Elsewhere and/or Officer Ruthless had a duty to Susie Marks regarding to her riding in the camper of the truck, and if so, to then determine the actual cause of the injuries to Susie. The actual cause refers to what really caused the injuries.
In the case of Susie Marks vs. City of Elsewhere, I would conclude that neither the City of Elsewhere nor Officer Ruthless had a duty to Susie Marks in regards to getting in Jerry’s truck camper. Officer Ruthless’ duty was to enforce the park curfew for safety regulations, so when Officer Ruthless denied Susie the choice of walking he was acting upon his duty to enforce safety to a civilian. The officer never asked Susie to do something illegal for his own benefit, and he was well within his job duties to clear the park and send the minors home in legal terms. The actual cause of the injuries happened when Jerry lost control of the wheel and the truck rolled over. There is no physical evidence or facts, which clarifies who was at fault. What is determine and factual is the fact that the accident was not caused by Officer Ruthless or by him ordering Susie to ride in the camper.

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