Liability Assignment

Jeff Gordon is a 12-year old boy and his parents are hosting his birthday party at Renaissance Fun Park in Louisville, KY. After eating cake and drinking punch (non-alcoholic), the six boys attending the birthday party are all directed to the racetrack for go-cart racing. On the first race, the battery in Jeff’s car dies, causing his car to stop in the middle of the track. He is hit from behind by another driver and his car is flipped over. Jeff sustains a broken collarbone and sprained wrist. He misses all of basketball season and his family pays the out-of-pocket max of $12,000 in medical bills.

Dale and Tammy Gordon file a lawsuit against Renaissance Fun Park, claiming gross negligence and seeking damages of $12,000 for medical bills and $100,000 for pain and suffering. Renaissance moves for a motion to dismiss on the basis that Dale Gordon signed a release of liability (waiver) releasing all claims by himself and Jeff, his minor child.

Using what you have learned from the Study Notes (I will attach), answer the following questions in complete sentences in black font below.

1. What type of “visitor” are Jeff and Dale Gordon? Define this type of visitor. Refer to Week 8 Premise Liability study notes and choose one of the four types of visitors from Chapter 15. (2 points)

2. From Chapter 14 and your Week 7 Liability Issues/Negligence study notes, does the negligence claim filed by the Gordons establish the four elements required for a claim of negligence? Outline each of the four elements of a negligence claim and tell why each element applies (or does not apply). (8 points)

3. What two types of damages are the Gordon family seeking? Define the two damages that you think are most applicable. Refer to Week 7 Liability Issues/Negligence study notes for definitions of the categories of damages (4 points).

4. Read the focus case E.M. v. House of Boom KY on page 35 of Chapter 2 of your textbook. Based on what you learned from this case, will the motion to dismiss based on Dale Gordon signing the release of liability (waiver) be granted by the court? Why or why not? (6 points)