Darngood v. Landers and PUDS

ebook Faculty Materials

By John Sonsteng

cover image of Darngood v. Landers and PUDS

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This lawsuit arises out of a traffic accident that occurred on December 23, Year -2, in the pedestrian crosswalk at the intersection of Seventh Street and Smith Avenue in Nita City, Nita. The plaintiff, Helen Darngood, was struck by a Picket Up Delivery Services van driven by the defendant, Mel Landers. A negligence action has been brought by Helen Darngood against Mel Landers and Picket Up Delivery Services. Darngood's husband, children, and former company are not parties to this lawsuit. All parties agree that Mel Landers was acting in the scope of Landers's duties while working for Picket Up Delivery Services at the time of the accident. Darngood alleges that Landers was negligent as the driver of the Picket Up Delivery Services van and that Landers did not drive as an ordinary, careful, and prudent person would drive under the circumstances. Darngood alleges that Landers drove the Picket Up Delivery Services van negligently into a crosswalk, striking Darngood and causing her severe injuries. Landers and Picket Up Delivery Services deny negligence. They claim that the vehicle driven by Landers entered the intersection on a yellow light, that the vehicle proceeded through the intersection as permitted by law, and that Darngood was 100 percent contributorily negligent in that she crossed negligently in front of the van. Thus, Landers as the driver of the delivery vehicle is not liable for negligence nor is Picket Up Delivery Services liable under the doctrine of respondeat superior. Darngood, at the time of the accident, was the President and CEO of Darngood Electronics, earning an annual salary of $200,000. At the time of this lawsuit Darngood cannot work and has resigned from the company. Darngood does not remember the accident or the time immediately following while she was in rehabilitation.

Darngood v. Landers and PUDS