Case Brief Analysis Essay Example | Topics and Well Written Essays - 500 words

Case Brief Analysis - Essay Example Moreover, the defendant had dozed off several times before they stopped for drinks and food. The case was first heard by the District court and upon the outcome of this court the plaintiff appealed to the Court of Appeal. The law provides that an operator of a motor vehicle is guilty of ordinary negligence if he permits himself to fall asleep while driving. An individual is also guilty if he continues to drive without taking reasonable precautions against sleeping after symptoms of drowsiness or fatigue. The lower court found that the defendant was not liable for negligence because he did not have any warning that he was going to fall asleep while on the wheel. However, upon appeal, the appellate court found that the lower court had erred in applying the law to the evidence. The lower court found that although the defendant had been drinking, there was no evidence that he was unable to control the Jeep. The court observed that dozing as a passenger does not mean an individual will be unable to control a car when charged with the responsibility. The court was convinced that the defendant had acted in the same manner an ordinary man of average prudence would have acted. The appellate court, however, noted that there was ample warning to the defendant that he might fall asleep. The court observed that the defendant was drowsy before taking the wheel and did not take any precaution to arouse himself before taking the wheel. Accordingly, the court noted that the occurrence could not be unexpected in the absence of a precaution to prevent it. In a civil lawsuit the parents would sue the driver of the school bus and Ridgeview elementary school. The legal basis for suing the driver of the bus would be negligence. The legal basis for suing the school, on the other hand, would be because as an employer they are vicariously liable for the acts of its employee in the course of employment. Such a lawsuit can be brought in a Federal court