Bus case 2 damages

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Citywide Fitness Center, Inc.:

Student Coaching Slides

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Question 1:
Regression Analysis

Y = a + bX,

X is given,

Y is predicted

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Question 1:
Excel Steps

  • Go to web site to get data
  • Click Data, then Data Analysis on right (If not in menu, click Add-ins, Analysis Tool Pak)
  • Regression, OK
  • Click labels
  • Enter two columns of numbers
  • Note: dialog box has Y before X

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Question 1:
Regression Equation

  • Bottom table, Column = Coefficients
  • Row = intercept =a
  • Row = cholesterol = b = slope
  • Interpret slope: If X increases by 1 unit, Y changes (increases? decreases?) by b units

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Question 1: Coefficient
of Determination

  • Top table
  • Row = R square
  • Interpret: R-square per cent of total variation in Y is explained by variation in X

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Questions 2:
Expected Value

  • E(X) =ΣxP(x)
  • Hint: Add constant value to E(x) to get total cost

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Question 3:
Find Mean

  • Mean = age at which average person experiences incident = µ
  • Normal: Z = (x-µ)/σ
  • Value of Z from normal table in statistics book
  • Use algebra to solve for µ

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Question 4: Expected
Number of Lives Saved

= Expected number still alive due to defibrillator minus expected number who died due to improper use

  • Hint: Use reasoning, not algebraic formula

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Question 5:
Negligence

  • Define

  • Prima Facie Case – Plaintiff’s Burden

  • Defenses – Defendant’s Burden

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Prima Facie Case

  • Conduct
  • Duty
  • Breach of Duty
  • Actual (direct) Cause
  • Proximate (legal) Cause
  • Damage

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Conduct

  • What Did Citywide Fitness Center Do or Fail to Do?

  • Affirmative Action

  • Omission – Failure to Act

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Duty

  • The Concept of Duty Has Two Parts:

  • What is the Duty?

  • To Whom is the Duty Owed?

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Duty

  • What is the Duty?

  • Standard of Care

  • To Act as a Reasonable Person

  • Custom or Statute

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Duty

  • To Whom is the Duty Owed?

(See: Get n’ Go Library Case)

  • Relationship

  • Foreseeable Plaintiff

  • Public Policy

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Breach of Duty

  • Calculus of the Risk

(See: Get n’ Go Library Case)

1) Likelihood of Harm

2) Seriousness of Harm

vs.

3) Cost of Prevention and/or

4) Utility of the Activity

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Actual Causation

  • Plaintiff Must Connect Conduct to the Loss

  • “But for” Defendant’s Conduct Plaintiff Would not Have Suffered the Loss

  • Easy, Difficult, or Impossible Burden in this Case?

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Proximate
(Legal) Cause

  • Policy Determination

  • Should Defendant Really be Responsible for Damages Actually Caused?

  • Natural and Probable Consequences

  • Did Plaintiff’s Loss Come About as a Result of a String of Weird Unforeseeable Events?

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Damages

  • Damages Suffered in this Case

  • Compensatory?
  • Define/Purpose

  • Punitive Damages?
  • Define/Purpose

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Defenses (Applicable?)

  • Contributory Negligence
  • Complete Bar to Recovery

  • Comparative Negligence

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Question 6:
Negligence Per Se

  • Define

  • Relation to the Prima Facie Case of Negligence

  • Any Light Shed on This by Statutes in the Library?

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Question 6:
Conclusion

  • Conclusion Different From Question 5
  • YES
  • NO
  • MAYBE
  • NO IDEA
  • GIVE UP

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Question 7: Ethics

  • Approaches

  • Mission - Vision - Core Values