Liability Law Preventing Further Pursuing of A Matter Discussion

I’m studying and need help with a Business Law question to help me learn.


Andy sues Ray Motors for injuries suffered while driving a used snowmobile that Ray Motors sold him. His suit is based on breach of warranty (a contract theory) and strict products liability (a tort theory). Ray Motors moves to dismiss the contracts claim on the ground that the state long-arm statute does not authorize jurisdiction over it. The judge concludes that the long-arm statute allows the suit against Ray Motors for the tort claim but not the contract claim and thus dismisses the breach of warranty claim. The case goes to trial on the strict liability claim. After Andy presents his evidence, the trial judge grants a directed verdict for Ray Motors on the ground that Andy has not presented sufficient evidence that the snowmobile was defective. Judgment for Ray Motors is entered. Later, Andy sues Ray Motors again, for the same injuries. This time, he bases his claim in this action solely on a negligence theory. Discuss what the outcome will be of Andy’s second action.


In Andy’s second action, where he bases his claim solely on a negligence theory, the outcome will depend on the specific elements of negligence that Andy is able to prove against Ray Motors. Negligence requires the plaintiff to demonstrate that the defendant owed a duty of care, breached that duty, and that the breach of duty was the proximate cause of the plaintiff’s injuries, resulting in damages.

Here’s how the outcome might unfold:

  1. Duty of Care: Andy needs to establish that Ray Motors owed him a duty of care. In this context, it would mean showing that Ray Motors had a duty to ensure that the snowmobile it sold was safe for use by consumers like Andy.
  2. Breach of Duty: Andy would need to demonstrate that Ray Motors breached its duty of care. This could involve showing that Ray Motors failed to properly inspect or maintain the snowmobile before selling it, or that it failed to warn Andy about any known defects.
  3. Proximate Cause: Andy must establish that Ray Motors’ breach of duty was the proximate cause of his injuries. This means showing that the injuries he suffered were a direct result of the breach, without any intervening factors breaking the chain of causation.
  4. Damages: Andy needs to prove that he suffered actual damages as a result of the negligence. This could include medical expenses, lost wages, pain and suffering, and any other relevant losses incurred due to the injuries.

If Andy can successfully prove all of these elements of negligence, he may be entitled to damages from Ray Motors in the second action. However, if he fails to prove any of these elements, his claim may be unsuccessful, and judgment may be entered in favor of Ray Motors once again. It’s important to note that the outcome will depend on the specific facts and evidence presented in the case, as well as the interpretation of the law by the court.

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