Martinek's 02-01-07 Mock Tort assignment

In the case of Vickers v. Hearst the plaintiff, Terry Vickers, needed to prove with a preponderance of evidence that Sandy Hearst’s negligence was the reason for his accident with Dana Ivy.

Please complete the following form to determine whether or not Terry Vickers was negligent. Use the packet from class, which is also saved in the server folder if you need to reference the case information.

1. Did Sandy Hearst have a duty to monitor Dana Ivy’s alcohol consumption at the party? Did the plaintiff prove it at trial?

2. Did Sandy Hearst breach his duty to at the party. Did the plaintiff prove it at trial?

3. Did Sandy Hearst’s actions or inactions cause the accident between Dana Ivy and Terry Vickers? Did the plaintiff prove it at trial?

4. Is Sandy Hearst liable for the damages suffered by the plaintiff? How much? Did the plaintiff prove it at trial?

5. Did you decide for the plaintiff of the defendant in this case?