Law homework

Paula was driving her SUV Southbound on Harlem Ave. approaching a green light at the intersection of 111th Street. She was talking on her cell phone, and her 2 year old was crying in the back seat.

David was driving a FedEx truck Westbound on 111th street, and he entered the intersection through a red light. David's truck broadsided Paula's SUV, causing Paula to suffer a broken leg. Paula did not see David's truck enter the intersection.

The intersection of 111th St & Harlem is located in Cook County. Paula lives in Cook County. David is an employee of FedEx, and he lives in Will County. FedEx is a Delaware Corporation with it's main office in Memphis, and offices in Illinois.

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Elements of the Tort of NEGLIGENCE

DUTY: The Defendant owed a duty of care to the Plaintiff

BREACH: The Defendant breached the duty

INJURY: The Plaintiff suffers actual harm CAUSE IN FACT: The Defendant's conduct actually caused the injury

PROXIMATE CAUSE: It was foreseeable that the Defendant's conduct would cause

this kind of injury to the Plaintiff