University:
Washington State University
Course:
CRM_J 320 | Criminal Law
Academic year:

2019
Views:

493

Pages:

1
Author:

NRussell

Lubitz v. Wells Superior court of Connecticut, 1955 FACTS Parties: Plaintiff: Defendant: Wells Procedural History o Relevant Facts: o Father of the defendant left golf club lying on the ground in his backyard for some time o James Wells, the defendant was playing in the backyard with the plaintiff when he picked up the golf club and swung at a rock on the ground o He hit her about the jaw and chin o Boys father attempted to hold by saying he should have known better than to leave the club there and that he was negligent. Last paragraph on pg 135 ISSUE: Whether or not leaving an item laying around the yard can constitute negligence in the event that another party uses the item and in using the item it harms someone else? PARTIES’ ARGUMENTS: Plaintiff:   Negligence suit He failed to warn his playmate of his intention to swing the club knowing that she was in proximity to it Defendant: HOLDING: No, not negligence DISPOSITION OF THE COURT: o “It would hardly be good sense to hold that this golf club is so obviously and intrinsically dangerous that it is negligence to leave it lying on the ground in the yard” RULE OF LAW: o Someone cannot be found negligent for leaving an object around if it later ends up being used and hurts someone else