A lawsuit was just commenced on behalf of Jane who was just

A lawsuit was just commenced on behalf of Jane, who was just injured in a car accident.  She slowed down dramatically when the wind blew snow across a farm field onto the highway obstructing all vision.  Despite being blinded by the snow, she managed to remain in the correct lane. A driver (Bill) going in the opposite direction was also blinded but failed to stay in the correct lane and struck Jane\'s car head-on. Bill was also injured.

Jane\'s lawsuit was filed against Bill and the farmer, arguing that the farmer had a duty to erect a snow fence to block the blowing snow.

Your law firm is hired to represent Bill. What ideas do you have about how to defend him? Do you think that the farmer has any liability? Why or why not? What questions would you ask Jane and the farmer at a deposition or in your interrogatories?

Solution

The relevant idea in this case is duty under contract law, negligence tort and comparative negligence. I will prove that there was no duty of care from the farmer side and the act of bill was an accident not an intentional tort or act due to negligence. Even if they prove that bill was involved in negligence by not taking effective measures, I will use the comparative negligence by telling that the Jane was negligent of the guidelines that require people to stay and stop if they are not able to see ahead or blinded during driving due to snow or sand.

     I don’t think farmer has a liability to put fence as there is no duty of care of farmer to take care for the Jane.

Jane, why did not she stopped even if blinded by the snow,

Farmer, Do you know Jane previously or carried out any business with her.