Anthony is a resident of New Jersey, who owns a waste disposal company in New Jersey. Anthony wants to expand his business to New York State and has found a company in Queens who would like to partner with his company. Anthony has a meeting with the company to discuss a joint venture between the two companies. On the day of the meeting Anthony leaves New Jersey with two other employees in a company car, an SUV Porsche, heading towards to New York state as Anthony is in the county of Queens at a traffic light a truck driver carrying fireworks is going over the speed limit that cannot come to a complete stop in time, whereby rear-ending Anthony’s car and caused injuries to both employees and Anthony himself. The two employees were severally injured and where hospitalize immediately and Anthony’s car was extensively damage to the point of it being total loss. The cars total value was $85,000 and both his employees incurred a bill from the hospital for $15,000 each, which then total to $30,000. In total Anthony incurred damages worth $115,000.
Anthony can sue within the state of New York even though he is from New Jersey. The driver of the truck behind him had gone against a statutory law by driving over the speed limit. Speed limits laws are enacted by the federal state, local legislature, and governing bodies. This case can be taken to a trial court, the Supreme Court of New York. For one, the driver was driving above the speed limit. Second, this was a case of negligence due to the truck driver’s recklessness. Strick liability should be applied to the truck driver because he failed to comply the duty of care. The truck driver owes duty to protect the plaintiff (Anthony) from foreseeable risks that the defendant should have known...
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...kless disregard for the truth. The person he made the statement to was a potential buyer who he was trying to convince to buy the house. The potential buyer then bought the house with the intention to convert the house to a two family dwelling. Silvio and the real estate broker did more than puffery because what they said was a statement of fact rather than a statement of opinion. As the landowner, Silvio had the duty to supply the correct information. Since Silvio failed to do so, he can be held liable for negligent misrepresentation. In this case, the potential buyer can void the contract. If Silvio said that a two house dwelling house can be build believing that it was true then it would be innocent misrepresentation. The potential buyer who is the innocent party can rescind contract but cannot seek damages. This case can be heard in the New York’s Supreme Court.
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