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This question tested your ability to apply the rules regarding negligence per se, which allows a court to conclude that a defendant is negligent as a matter if law if the defendant violated a law and the law was meant to protect against the kind of harm that resulted.

Here, the defendant violated the law, but the question makes it very clear that the impromptu-frozen-slip-and-slide was utterly unrelated to the law he violated.  As a result, the court will not rule that this is negligence per se.

The question also specified that the plaintiff (perhaps represented by Michael Cohen?) put on no other evidence of negligence -- meaning no evidence at all.  As a result, this case isn't going to the jury; the court is going to rule in favor of the defendant as a matter of law, which is answer (C).

Thomas got this right and is now 44-for-80 (55%), and on a two-question winning streak.

Comments

Anonymous

I guess the plaintiff should have hired a meteorologist as an expert witness.