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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Does Kelly have a cause of action against Kyle?

Yes Kelly does have a cause of action against Kyle because he was speeding, breaking the law. causing harm to another person.

Questions:

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

    • Yes, Kelly had exceeded the speed limit greatly, causing him to loose control of his car.

· 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?

    • Kelly would be able to collect the money from the medical bills from Kyle.

    • Kyle's insurance would pay for the accident.

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

    • Plaintiff: Kelly

    • Defendant: Kyle

· 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