New Jersey International Speedway, Inc., (Speedway) owned the New Jersey Interna
ID: 457517 • Letter: N
Question
New Jersey International Speedway, Inc., (Speedway) owned the New Jersey International Speedway, a racetrack next to Route 312 in Jersey Shore, New Jersey. In May 2005, on the weekend before the Winston Cup race, Speedway opened part of its parking facility to recreational vehicles (RVs). Speedway voluntarily positioned its employee Sammy at the entrance to the parking area as a security guard and to direct traffic. Gary, who was planning to attend the race, drove an RV south on Route 312 toward Speedway. Meanwhile, Mike, who was right behind Gary’s vehicle, was also driving south on Route 312 on a motorcycle, on which his wife, Michelle, was a passenger. As Garry approached the parking area, he saw Sammy signaling him to turn left into the Speedway parking area, which he began to do. At the same time, Mike attempted to pass the RV on its left side, and the two vehicles collided. Michelle sustained a broken right leg and hip in the collision. She sued Speedway, and others, for negligence. What are the elements of negligence? Which element of negligence is at the center of this dispute? Why? How is court likely to rue in this case and why?
Explanation / Answer
The elements of Negligence are as follows:
1. Presence/ absence of a Duty of care owed by one person to another
2. Someone Breached the Duty
3. The Breach directly causes the injuries
4. Injury results in Monetary Losses.
In the present case Speedway has voluntarily positioned its employee Sammy at the entrance to the parking area as a security guard and to direct traffic. As per my understanding Sammy performed his duty while directing Gary's vehicle . The negligence is on the part of Mike who was behind Gary's vehicle and attempted to pass the RV on its left side. Therefore as per my understanding, Mike is negligent in his driving. One may also argue that accident is partly because of Gary turning to its left side as per directed by Sammy, an employee of Speedway and that's why Michelle sued Speedway, and others. All the four elements as stated above are present, although nothing is mentioned about the monetary loss but Michelle sustained a broken right leg and hip in the collision. As per the narration, Mike was behind Garry and Garry is supposed to take care of traffic behind while turning left or right and Mike is supposed to take care while overtaking. Under the circumstances the court may not consider the case against Sammy and or Speedway.