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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 29883
Experience:  Began practicing law in 1992
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Bud Johnson owns a General Motors dealership in Pierre, South

Resolved Question:

Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the current offering of SUVs. Bud went to the proving grounds in the desert around Phoenix, and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or "Valley Fever." Valley Fever is a disease well known to Arizona residents, and most have had it if they have lived there over ten years. Newcomers are particularly vulnerable to the disease since the exposure to dust seems to build up immunity among the residents.

Bud became quite ill and brought suit against the car manufacturer that invited him, for its failure to warn him about the Valley Fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments:

Was there negligence in the failure of General Motors to warn Bud? (15 points)

Discuss all defenses General Motors may have. (15 points)

Does strict liability in torts apply to this situation? Why or why not?
Submitted: 5 years ago.
Category: Legal
Expert:  Dwayne B. replied 5 years ago.
What class is this for? When do you need it?
Customer: replied 5 years ago.

Class is Legal, Political and Ethical Dimensions, I need it within 50 minutes please.


it doesn't have to be much information, give me what you have that would be fine.

Expert:  Dwayne B. replied 5 years ago.
I can't provide cases from your text since I don't have the test and that isn't enough time to do research for cases. Do you want me to give you the theories and the answer, but without the cases?
Expert:  Dwayne B. replied 5 years ago.
I didn't hear back and since time is so tight I'm going to go ahead and post the best response I can, given the limitations.

There could have been negligence on the part of GM if they knew or should have known there was a danger of a newcomer catching this disease. Negligence requires duty, breach, cause and harm. In addition to standard negligence, if the land was under GMs care, custody or control they could also be liable under a theory of liability of a property owner since Bud Johnson was an invitee. An invitee is a person who is invited onto the land for the purpose of business dealings. If GM was the possessor of the property then they have a duty to inspect for hidden dangers as well as warn of known dangers.

As far as defenses, GM could assert that 1) the property wasn’t theirs, 2) Bud can’t prove he caught the disease on their property as opposed to somewhere else, 3) the facts don’t state he had Happy Valley fever so they could always deny whatever he had was caught at their property or caused by them, 4) they could claim he wasn’t there for business purposes, although this is probably not a good defense, 5) they were unaware of the danger, and an inspection wouldn’t have revealed it.

Strict products liability doesn’t apply here since he wasn’t injured as a result of any condition of the product itself, therefore a failure to manufacture correctly, a failure to design correctly, or a failure to warn don’t apply. A lawyer could argue that they should have warned that off road use can result in Happy Valley Fever, but that is really not due to a defect in the product and would be akin to warning people not to use it in a lava field.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 29883
Experience: Began practicing law in 1992
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