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Word Count: 1,602
The plaintiff Bill walks through a residential neighborhood along an unpaved road on his way to work Wally the defendant and a Wilson County School bus driver drives towards Bill while lighting a cigarette Wally begins to swerve and causes Bill to jump into Carols yard this action results in damage to Carols prize-winning zinnias the breaking of Bills ankle and the loss of Bills wallet Bill realizes his wallet is lost so he returns to Carols yard which has no trespassing signs and a fence in violation of a city ordinance the next day and retrieves his wallet without any further damage Between Bill v Wally Bill v Wilson County and Carol v Bill the issues of negligence assault and battery emotional distress trespass to real property and intrusion arise however Bill v Wally has the strongest case In Bill v Wally the defendant is liable for the tort of negligence Wally is guilty of negligence because there was a breach of duty proximate cause and injury Wally had a legal duty to conform to a standard of conduct of driving established for the protection of other people He breached that duty when he failed to conform to that standard Wally also as a county bus driver would have some sort of bus license or certification beyond a normal drivers license This additional training compels his liability to be held to a higher standard of law beyond a reasonable persons standard Lighting a cigarette while driving on an unpaved road shows Wallys negligence in driving the bus With only one hand on the wheel he cannot take all the precautions necessary when driving on a substandard road The facts of the case clearly state that the defendant lost control of the bus because he was trying to light the cigarette Thus we can establish proximate cause The plaintiff jumped off the road to avoid the bus coming towards him and he would not
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