A Ride Home

Exploring Tort Law

Scenario

Kelly asks her friend, Kyle, for a ride home after a basketball game. On the way to Kelly’s house, Kyle is greatly exceeding the speed limit when his truck hits a patch of ice. Kyle loses control of the vehicle and slams into a tree. Another motorist calls 911, and the two friends are transported to the hospital. Kelly is admitted with serious injuries. Kyle is treated for a broken wrist and minor cuts and is released. Kelly has significant medical bills over the next several months, and her parents do not have health insurance for the family. Due to the nature of her injuries, Kelly’s college basketball scholarship is now in jeopardy.

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Question

· Has a crime or a tort been committed? Explain.

· What type of insurance could cover Kelly’s medical bills?

· If Kelly has legal recourse, what is she entitled to collect? Who would pay?

· If a lawsuit should be filed, who would be the plaintiff and who would be the defendant?

· Can Kyle be tried twice in the legal system?

· What is double jeopardy?

· Would the legal situation change if Kelly did not have her seat belt fastened?

answers

· Has a crime or a tort been committed? Explain.

    • Yes speeding

· What type of insurance could cover Kelly’s medical bills?

    • Kyle needs Liability insurance in the state of Ohio

· If Kelly has legal recourse, what is she entitled to collect? Who would pay?

    • Medical fees
    • Kyle insurance

· If a lawsuit should be filed, who would be the plaintiff and who would be the defendant?

    • Kelly plaintiff
    • Kyle defendant

· Can Kyle be tried twice in the legal system?

    • Crime Yes in the case of speeding
    • Civil/ being sued for money

· What is double jeopardy?

    • Being tried twice for the same crime

· Would the legal situation change if Kelly did not have her seat belt fastened?

    • No

Big Question

Does Kelly have a cause of action against Kyle?

Yes she does she is able to sue for money because he was speeding braking the law and causing harm to another person.