Read the following hypothetical
“Stacy is driving along County Road 12 with her favorite radio station playing loudly in her car. A deer crosses the road and, because she is not paying attention, she swerves to avoid it rather than slowing down and avoiding it altogether. The deer has also swerved to avoid the car and in so doing, has rammed his antlers into the face of Kelly, a hiker on the side of the dirt road who was taking pictures of the scenery. Stacy calls 911 and the ambulance is just about to reach the scene when the music from Stacy’s car distracts the driver who slams on his breaks but nevertheless bumps into Stacy’s car. The impact of this dislodges the cellphone in Stacy’s hand, sending it into the forest of trees at the side of the road. Kelly is a model and the antler injuries have forced her to have several plastic surgeries but her scars have ended her modeling career forever. Stacy hunted all day for her cellphone but she could not find it. It has on it the only copy of her secret passcodes she uses for her work as a top secret CIA agent. Luckily, Tom finds the phone the next day while out hiking. In his day job, Tom works as a highly trained IT professional for a major defense contractor. At night, Tom works to help computer hackers break into top secret governmental files and spread news of what the government is doing “behind our backs” (Tom’s words). Tom quickly realizes that the phone he has found belongs to a CIA employee and easily cracks the passcodes to access top secret government data on the location of uranium deposits the government plans to use to make bombs. He informs the hackers of the location of the uranium. The hackers find it, make several bombs, and explode them the next day at the Pentagon and the CIA headquarters. The blasts kill 80 highly placed CIA agents and military officers and results in the destruction of countless pieces of classified military secrets and information.”
1.Identify possible plaintiffs and defendants.
2 .Examine whether a defendant was negligent, using the five-part test (was there a duty to act/not act; was there a breach of that duty; was the breach a cause in fact of the injury; was there proximate cause; and are there damages? All five questions must be answered in the affirmative for there to be liability for negligence). 3. What facts and assumptions you are relying on in finding whether or not an action for negligence exists?
4. How many instances of negligence you can find in the hypothetical.
5. Are there defenses available to the defendant, and if so, what are they?