After an exhausting day of skiing, Josephina was driving home near sunset. She dozed off momentarily and crossed the highway dividing lane. She then crashed head-on into John’s panel truck. Both drivers were seriously injured, and their vehicles were “totaled.”
Although Josephina was asleep at the time, has she violated any rights of the other driver?
On a windy autumn day, Mason was burning dry leaves in his backyard. When he went inside to answer a telephone call, flames from the fire leaped to the next-door neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was ablaze, and it burned to the ground.
Hunt was taking riding lessons from Saddleback Stables. Patterson, the Saddleback instructor, was a skilled rider although only 17 years old. Nevertheless, Patterson negligently lost control for the horse that Hunt was riding. As a result, Hunt was thrown to the ground and injured.
During deer-hunting season, Hart drove miles into the country to search of game. He parked his pickup truck along a dirt road, climbed a fence, and hiked into the woods. Hart thought the land was part of a national forest. However, it actually belonged to Quincy, who had posted “No Trespassing” signs. Confronted by Quincy, Hart apologized for his mistake and left.
Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 50 M.P.H. Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Yee’s station wagon was badly damaged, and she was injured.
Horsley, the owner of a dry cleaning store, lived next door to Early, who was the editor of a small newspaper in their tow. The two quarreled frequently and became enemies. As a consequence, when Early published a story on the drum problem in the town, he identified Horsley as “a drug dealer.” This statement was untrue and defamatory.
Claxon’s car collided with Da Lucia’s in an intersections that had four-way stop signs. Claxon’s car was badly damaged by Da Lucia’s car, so she sued for damages. Claxon claimed that Da Lucia was going at least 20 miles per hour and had not stopped, but had merely slowed down, for the sign. Da Lucia claimed he had stopped and had not yet reached five miles per hour. He said he entered the intersection first and Claxon tried to swing around his front end but had failed. Two Witnesses saw the accident and could testify.
Stevens brought a civil suit against Alvarez for Breach of contract in building a warehouse. Stevens won a judgment of $35,000. Alvarez objected to the decision. However, she did not appeal because her lawyer told her that there was no basis for appeal. Nevertheless, Alvarez stubbornly refused to pay Stevens.
What steps could Stevens take to collect judgment?