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Scenario by Mind Map: Scenario
0.0 stars - reviews range from 0 to 5

Scenario

Persons/Parties Involved

Ramadamadingdong Oopsalot

Lives in Elbonia

Civil Engineer

Dilbert Design Corp

Designed building

Subcontracted most of design to Oopsalot

Ned Hedless

Decapitated by falling window from subject building

Hedless' Heirs

Suing Dilbert, Oopsalot

Expert Civil Engineer #1

For Hedless, "Any competent civil engineer should have known that the specifications were incomplete.", Introduces data that shows no glass panel failures in wind speeds below 20 mph

Expert Civil Engineer #2

For Oopsalot (From Elbonia), "The expert for Hedless did not testify that the omitted specs led to the failure of the building to hold a glass panel in place.", "the subject building is better designed and built than any building in Elbonia."

Claims

Hedless' Heirs v. Dilbert Design Corp.

Professional Negligence, Elements, Act, Dilbert Design Corp. failed to properly design the building which resulted in the death of Hedless, Duty, Dilbert Design Corp. has a duty to Hedless because it should have forseen that people would have been walking below the building and that the glass panels could have fallen and injured them., Breach of Standard of Care, The standard of care that Dilbert Design is held to is: what a civil engineer of ordinary means and ability in the area of civil engineering would do under the same or similar circumstances in California., Causation, The cause of Hedless' death was the result of a window falling from the structure which was swaying from the wind due to the improper design of Dilbert Design Corp., "The expert for Hedless did not testify that the omitted specs led to the failure of the building to hold a glass panel in place.", Data of glass panels shows no glass panel failures in wind speeds below 20 mph., Injury (Damages), The relative of the plaintiff's was killed as a result of the improper design., Affirmative Defenses, None.

Hedless' Heirs v. Oopsalot

Professional Negligence, Elements, Act, Oopsalot failed to properly design the building to the full specifications which resulted in the death of Hedless, Duty, Oopsalot has a duty to Hedless because it should have forseen that people would have been walking below the building and that the glass panels could have fallen and injured them., Breach of Standard of Care, The standard of care that Oopsalot is held to is: what a civil engineer of ordinary means and ability in the area of civil engineering would do under the same or similar circumstances in Elbonia., This standard of care is not breached because according to the expert witness, Oopsalot's design was better than that of any structure in Elbonia., Causation, The cause of Hedless' death was the result of a window falling from the structure which was swaying from the wind due to the improper design of Dilbert Design Corp., "The expert for Hedless did not testify that the omitted specs led to the failure of the building to hold a glass panel in place.", Injury (Damages), The relative of the plaintiff's was killed as a result of the improper design., Affirmative Defenses, None.

Dilbert Design v. Oopsalot

Professional Negligence, Elements, Act, Oopsalot failed to complete their design to spec resulting in a failure and death of Hedless., Duty, Oopsalot has a duty to Dilbert Design Corp. bas a subcontractor to design according to their specs., Breach of Standard of Care, The standard of care that Oopsalot is held to is: what a civil engineer of ordinary means and ability in the area of civil engineering would do under the same or similar circumstances in Elbonia., This standard of care is not breached because according to the expert witness, Oopsalot's design was better than that of any structure in Elbonia., Injury (Damages), Dilbert Design Corp. may have to pay Hedless' Heirs as a result of Oopsalot's improper design, Affirmative Defenses, Assumption of Risk, Dilbert Design Corp. should assume the risk of a design not designed to California standards when it hired an engineer from a country with lower design and construction standards., Comparative Fault, Dilbert Design Corp. should have ensured that the specifications were properly delivered in their entirety, Dilbert Design Corp. should have reviewed Oopsalot's design before incorporating it into final design, Causation, The cause of Hedless' death and the resulting damages against Dilbert Design Corp. was the result of a window falling from the structure which was swaying from the wind due to the improper design of Oopsalot., It has not been shown that the ommitted specifications led to the failure that resulted in the death that damages are being claimed for., "The expert for Hedless did not testify that the omitted specs led to the failure of the building to hold a glass panel in place."