i have a case for my legal class, i just need to know what laws apply to this case. or even what the real case was
The Ultra-Clean Car Wash is a full service car wash. Employees take the car keys from customers, drive the car through the wash, and clean/wipe the car down after the wash while the customer waits in a lounge area. Many car washes operate this way. On July 5, as an Ultra-Clean employee was cleaning a customer's car, Paul Bunyan got into the car, turned the key which was in the ignition, and sped off. Bunyan was under the influence of alcohol. About an hour after leaving the car wash, Bunyan veered off the road and struck John Doe, who was riding his bike on a bike path along the side of the road. John worked as a machinist, supporting his wife and five children. John suffered severe injuries: brain damage, his face had to be rebuilt, he needed a knee replacement, and because of serious injuries to his right arm it was rendered useless. John was hospitalized for five months, and he will never be able to find gainful employment again.
The Ultra-Clean Car Wash is in a high crime area in Wichita. There were many car thefts in the area before this incident, but none from Ultra-Clean.
According to eyewitnesses, Paul Bunyan had been hanging around the cars at the car wash for about fifteen minutes prior to the incident.
John Doe sued Ultra-Clean for negligence, arguing that its policy of leaving keys in the cars being washed caused his injuries. Ultra-Clean denied that it owed John Doe any duty of care and denied that is acts or omissions caused John's injuries.
DJ Chinchilla
This is a question for the insurance companies to figure out. John Doe shouldnt have been riding his bike around a high crime area. And Paul Bunyan deserves an ass beating.
moncho85
This question says it happened in Wichita, I'm assuming Kansas. So based on that.....Bunyan committed felony theft when he stole the car, any theft over $ 1,000 is a felony. Bunyan broke state law by driving under the influence of alcohol. Bunyan struck Doe so an accident occured so he would be charge with DUI Accident involved. Because Doe was hit with a car and he did not die that could be considered aggravated battery, but in order to pursue that charge you have to prove Bunyan had intent to commit agg battery. Pretty sure there is a law out there for being charged with hitting Doe but I can't think of it right now. The fact that the car wash is in a high crime area has nothing to do with what went on unless lawyers argue that in court which they probably will. Hope this helps
Orignal From: What laws apply to this case?
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