REVIEW THE STANDARD OF CARE: THE “RPP” STANDARD (REASONABLE AND PRUDENT PERSON) COMPARE: THE STANDARD OF CARE WITH THE AMOUNT OF CARE— STEWART CARE CHANGES AS RISK (PROBABILITY OF HARM) CHANGES

REVIEW (CONT.) THE EMERGENCY DOCTRINE—WILSON APPLICATION OF THE GENERAL STANDARD HOW DOES AN EMERGENCY AFFECT HOW THE RPP ACTS? NEGLIGENCE: OBJECTIVE OF SUBJECTIVE STANDARD? CHILD STANDARD OF CARE AND ITS EXCEPTION --ROBINSON

STANDARD OF CONDUCT FOR A MINOR Name of plaintiff/defendant] is a child who was ___ years old at the time of the incident. Children are not held to the same standards of behavior as adults. A child is required to use the amount of care that a reasonably careful child of the same age, intelligence, knowledge, and experience would use in that same situation.

MORE ON CHILDREN THE RULE OF SEVENS HYPO: THE REASONABLE FOUR YEAR OLD TREAT CONTRIBUTORY NEGLIGENCE DIFFERENTLY?

MORE “CIRCUMSTANCES” 1.HYPO: THE COUNTRY ROAD 2.HYPO: THE PAINT THINNER 3.HYPO: THE WORN TIRE 4.HYPO: THE BROKEN CARBURETOR 5.HILL: EXPERIENCE 6.HYPO: THE DRUNK 7.CREASY: MENTAL ILLNESS

MORE RPP: THE “CIRCUMSTANCES” TWO KINDS OF CIRCUMSTANCES: 1. INTERNAL 2. EXTERNAL INTERNAL: CREASY (125) INTERNAL: HILL (128) INTERNAL: SHEPHERD (133) QUERY: WHAT IF PHYSICAL LIMITATIONS WERE NOT TAKEN INTO ACCOUNT?

RPP: IN PERSPECTIVE (GOBBO) DETERMINING WHETHER GOBBO WAS NEGLIGENT ARGUMENTS: EVIDENCE VERDICT VERDICT “SUDDEN-MEDICAL-EMERGENCY” DEFENSE? PHYSICAL/MENTAL ILLNESS: TREAT THE SAME?

ROLES OF JUDGE AND JURY 1. ROLE OF JUDGE: THE LAW 2. ROLE OF JURY: FIND FACTS AND APPLY RULES

ROLES OF JUDGE AND JURY (Cont.) TAKING THE BREACH ISSUE FROM THE JURY: NEGLIGENCE AS A MATTER OF LAW 1. IN INDIVIDUAL CASES 2. IN GENERIC CASES EXAMPLE: MARSHALL/ CHAFFIN

ROLES OF JUDGE AND JURY (End) EXAMPLE: THE “STOP, LOOK, LISTEN (AND GET OUT)” RULE EXAMPLE: THE GLAUCOMA TEST QUESTION 3 P. 136: IS THERE A PATTERN?

NEGLIGENCE PER SE VIOLATION OF STATUTE THE PRINCIPLE: HERZOG WHAT DID THE STATUTE SAY? WHAT EFFECT DID THE TRIAL COURT GIVE THE STATUTE? WHAT EFFECT DID THE COURT OF APPEALS GIVE THE STATUTE? NEGLIGENCE PER SE EFFECT ON JURY