Let's spruce this place up with a Nerdy Time

Ok guys, this latest edition of nerdy time is based on a sad story (like most torts hypotheticals) and is meant to resemble a first year Torts hypothetical. I thought it was interesting and was wondering what other peoples take on it would be.

You have 1 hour to complete the exam. You may not consult any other materials besides the casebook or an outline that you substantially prepared on your own or with a member of the class. When time is called, stop writing. Writing beyond the time allowed is a violation of the honor code.

You may begin. Good luck.

You are a first-year associate at Gigantic & Huge L.L.P. here in Fakeville, State of Allen. Mr. Bigcheeseparterner comes to your office one idle Friday afternoon and states that they have this Torts issue with ACME Inc, a huge trucking company, and he can't help at all because his main area of expertise is business transactions. He wants you to write a memo discussing the rights and liabilities based on the following factual scenario.

(For your convenience, he has stated that he doesn't need it until 4:00 p.m. It is now 3:00 p.m., which gives you exactly one hour to create the memo based solely on your extensive knowledge of Tort Law.)

While driving truck for Acme, Inc, Dick Driver was involved in an automobile accident. He ran into a father and his 7 children while they were parked behind a school bus on a narrow stretch of highway in central Allen. All of the van's occupants died at the scene.

The investigative reports indicate the following facts:

The accident occurred at 11:12 a.m. The weather at the time was partly cloudy, but there was no rain and the street was dry. The speed limit on the two-lane highway was 60 mph. The School bus was stopped in order to drop off three children.

Kurt Childs, a 15-year-old boy with a learning permit, was the driver of the mini-van. . His father, Arthur Childs, was located in the rear of the mini-van in order to take care of his 6-month-old daughter, Anne Childs, who recently developed terminal cancer. Also, he wanted to keep a close eye on the other five children in the car. They ranged in age from 2 years to 12 years. With Billy Childs, being the second oldest boy. Jean and Bobby, "the twins" who just had their 9th birthdays. At 5 is, Nancy Childs a precocious tot who dreams of being a dancer. And the two-year-old Jimmy, a wide-eyed toddler who was playing with his new Dora the Explorer flashlight at the time of the accident. Allen law requires a driver with a learners permit to have an adult in the adjacent seat.

Mr. Driver was driving a load of eggs for Acme from Fakesville down to Nowheresville, Allen. He has stated that he was driving around 55 mph and the in cab recording instruments indicate that this is true. Mr. Driver has had 7 driving related citations over the past 12 years. The most recent citation was for speeding 10 mph over the posted limit. However, 6 years ago, he received a drunk driving citation while operating his truck for Spacely Inc. (Acme's rival trucking company).

On the morning of the accident, Mr. Driver had been on the road for 12 hours and was 1 hour away from his drop off. Allen law proscribes that truck drivers are only to drive for 12 hours without a break.

Mr. Driver testifies that he was adjusting his CB radio when he looked up and saw the van parked, but didn't notice the school bus. He further states that he honked his horn prior to slamming on his breaks. He stated that he was hesitant to forcefully apply the breaks because he didn't want to ruin his load of eggs. He went to apply the breaks, but was too close. The next thing he remembers is the face of the emergency personnel who arrived after the crash.

Mr. Driver was not the only witness to the event. One of the three 8 year olds who were getting off the bus witnessed the horrifying scene. Tate Newhouse describes a truck flying down the road and then honking his horn. He describes the truck as slamming directly into the back end of the van without slowing down at all. He says he doesn't remember much after that. He says he remembers the faces of the kids playing and then the blood. He is obviously in a state of shock over the incident and will require years of therapy to recover.

At 1:37 p.m. the grandmother of the children, Nancy Armstrong, was informed by her daughter, Sally Childs, that her entire family was killed in a car accident. Upon hearing the news Nancy suffered a fatal heart attack and died. Nancy was a Cardiologist at Allan State Hospital.

Please discuss Acme's rights and liabilities relating to the ineveitable lawsuit that will be filed by Sally Childs on behalf of her family and grandmother.