Disclaimer
The following story is a fictionalized version of a real event reflecting laws that may not apply to your jurisdiction. This article is produced for entertainment purposes only and should not be interpreted as legal advice. Readers are advised to seek legal advice relevant to their circumstances, the jurisdiction in which their matter pertains to and the laws in place therein.
“It snowed a million feet last night!” six-year-old Elroy stared out the window.
His father, Frank, came down the stairs. “Well, maybe not a million, but at least a foot. Hey, why are you still in your pajamas?”
Frank glanced out the window. “And isn’t that your school bus driving away…without you? Where’s your mom?”
Gisele came in the front door, shaking off her boots. “I told the bus to leave. We’re all better off staying indoors today.”
“But I’m due at the office,” Frank responded.
Gisele took off her parka. “Honey, the town has been slow clearing the streets. Let’s just play it safe.”
Frank took Elroy upstairs. “Don’t be silly. I’m getting Elroy dressed and driving him to school.”
Gisele objected. “I’m not going to sit here and worry about you crashing into a snow bank!”
“Then come with us,” Frank called down.
In the car, Elroy wanted some action. “Faster Dad, faster!”
“Let Daddy concentrate,” Gisele sat biting her nails. “Look at all those snow banks, Frank. I told you this was crazy. Can’t the city remove them a little faster?”
Frank kept his eyes on the road.
“Frank! Stop sign,” Gisele yelled.
“I see it, Gisele, “ Frank sighed. “It’s half a block away.”
Frank stopped at the intersection.
“Wow!” said Elroy. “That snow bank is twiceas tall as me!”
Gisele shifted in her seat. “Shhh, Elroy.” She turned to Frank. “How can you see over all that snow?”
The sun glared through the windshield as Frank slowly inched ahead into the intersection.
“Careful, Frank!”
Suddenly, a truck appeared. “FRANK! WATCH OUT!”
Frank tried to swerve but it was too late. The truck smashed into the car.
Luckily, no one was seriously injured. But Frank was furious. “The city is responsible for their lousy snow removal. We’re suing.”
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IN THE COURTROOM
Frank waved his injured arm as he spoke. “The city created hazardous conditions by piling the snow on the median too close to the intersection. Their unwritten policy is to push the snow further back. I couldn’t see oncoming traffic and had to nose out cautiously.”
“We admit it,” the city’s lawyer responded cautiously. “The snow should have been pushed further back. But Frank alone is responsible for the accident. He nosed out into the intersection in spite of the danger. He should have chosen a safer route and informed the city of the hazard.”
Who’s responsible for the accident? You! Be The Judge. Then look below for the court’s decision.
THE DECISION
“You’re BOTH responsible!” cried the Judge. “The city was negligent in their snow removal and is responsible for 75% of the damages. Frank nosed into the intersection even though he knew it was dangerous. He’s responsible for 25% of the damages.”
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