MUNICIPAL LIABILITY

Municipal Liability

 

Please read the attached sheet carefully and submit your legal opinion. (Please produce a two-page “legal opinion” on the ongoing lawsuit against the municipality using the materials supplied.) Pay attention to the location of the issue (the City of Nowhere). Your view must be supported by a legal argument that is logical, clearly stated, and follows a professional report structure. It must also be based on the standards for municipal liability.
Municipal Liability, Municipal and Planning Law Lab No. 1, URBN 7003
Scenario:
Recycling and normal rubbish are both collected as part of the city’s waste collection operation. The dumpster at 34 Smith St. was emptied on Monday, February 1st, 2009, and the containers were then put back on the curb in front of the building.
Unfortunately, Nowhereville experienced exceptionally strong winds today. As a result of the strong gusts, one of the empty trash cans at 34 Smith St. became airborne. Before landing on a passing car’s windshield, the container was thrown three blocks into the air. The driver lost control of the vehicle when the container shattered through the windshield of the car. The car then made a sharp turn off the road and hit a telephone pole.
This crash left the driver, Betty Jones, gravely hurt and with several injuries that cost her over $100,000 in medical expenses and another $40,000 in lost income over the course of six months. She was hurt in the incident and has been dealing with agony and suffering ever since.
Betty Jones is currently suing the City of Nowhereville for her medical expenses ($100,000), lost wages ($40,000), and long-term pain and suffering ($1,000,000). Thus, the total judgment is $1,140,000.
Assignment:
You represent Nowhereville as its municipal attorney. As a result, it is your duty to defend the city against Betty Jones’ lawsuit. You must now determine the viability of Ms. Jones’ lawsuit based on the standards for negligence, using your knowledge of “municipal liability” as a guide. The readings for the course and the discussion in class during Week 2 provided the data you required.
Please use the information provided to draft a two-page “legal opinion” on the current lawsuit being brought against the town. Your view must be supported by a legal argument that is logical, clearly stated, and follows a professional report structure. It must also be based on the standards for municipal liability.

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