Tom, a resident of Small Town, had been suffering from advan…
Questions
Tоm, а resident оf Smаll Tоwn, hаd been suffering from advanced dementia and was recently placed into Shady Acres, a locked-down residential facility for those with severe memory impairment. The only way in or out of the facility is via a set of strong magnetically locking doors that can only be opened from inside the facility. Late one night, about a week after moving in, Tom was wandering in the street in front of Shady Acres when he was almost hit by a car driven by Danny. Danny, who is 17 years-old and was out past curfew, was taking a leisurely drive around town. Small Town’s curfew statute was enacted because of the high rate of youth gang violence occurring at night. Danny, not having much driving experience, panicked upon seeing Tom in the middle of the road and violently jerked the steering wheel to the right to avoid hitting him, causing the car to drive onto the adjacent sidewalk. Danny’s car struck pedestrian, Patty, resulting in her broken arm and torn clothing. Patty also contends that her cancer diagnosis several months later was due to stress from the incident. Discuss the rights, remedies, and defenses, if any, in the matter of: (1) Patty v. Shady Acres (2) Patty v. Danny [DO NOT DISCUSS: PRODUCTS LIABILITY, INDEMNITY, CONTRIBUTION, OR APPORTIONMENT]