Research Memo
1. Please do not spend time simply re-stating the facts as an introduction to your answer. If your Matching Percentage is 50% or more you will receive an automatic “F” for the assignment. The only allowable Matching Percentage is 0 % t o20%.
2. If you believe that you require any additional facts or need to make any assumptions, make sure that you identify such matters in your answer.
3. You should address ALL of the issues presented by each essay scenario.
ANSWER
MEMO
To:
From:
Re: Roberto Hernandez – Potential Tort Liability
Date: 6th October 2020.
QUESTION PRESENTED
The question the case presents is whether National Steel Corp has any tort liability from the accidental death of Robert Hernandez resulting from the company’s activities in Springfield.
SHORT ANSWER
No. National Steel Corp has no tort liability towards Robert Hernandez or his heirs.
FACTS
- The death of Robert Hernandez was not caused by ‘neglect’ ‘wrongful’ act of National Steel Corp. The report indicates that before the dumping of the dust catcher, all safety procedures were given including a siren and flashing lights which the victim should have seen.
- Rogers Contracting, the company Robert Hernandez worked for failed to provide prior notice that one of their employees would be within the premises to make a delivery.
- The operator at National Steel Corp did a final visual inspection of the region and failed to notice Hernandez.
DISCUSSION
Fact one and two make National Steel’s Corp a strong case with regards to potential tort liability. However, fact three suggests neglect and oversight by the dust catcher operator because Mr Hernandez was in the vicinity and he is dead because of one of the safety measure designed to have protected him failed.
CONCLUSION
With the facts, the duty lies in the plaintiff proving that the dust catcher operator ‘neglected’ his duty which caused the ‘wrongful’ and the accidental end to Robert Hernandez death. The plaintiff cannot prove this because the operator followed all steps as required and therefore National Steel Corp has no tort liability in this case.
