Consider the following hypothetical:

Ms. Molly Nice works as a crossing guard at the corner of Forbes and Murray Avenues in Pittsburgh, Pennsylvania. As a crossing guard, Ms. Nice helps pedestrians cross the street, when the light permits it. Wearing bright and reflective clothing, she stands in the center of the intersection to stop any approaching traffic. All drivers know to stop when a crossing guard steps into the intersection. Ms. Nice is not authorized to stop traffic when the traffic light would otherwise permit traffic in the intersection.

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On many occasions, Ms. Nice has observed Jay Walker crossing the street against the traffic light and, in Ms. Nice’s opinion, risking injury. Ms. Nice has sternly reprimanded Mr. Walker and instructed him to cross the street only when the light permits it. On April 5, Mr. Walker was at the corner of Forbes and Murray Avenues, running to catch a bus. He ran across the street against the light. As usual, Ms. Nice called out to Mr. Walker not to cross the street. Ms. Nice saw a car about to turn the corner, risking injury to Mr. Walker; however, Ms. Nice did not stop the car. The car hit Mr. Walker and knocked him to the ground.

Marlon Kramer, the driver of the car was upset and shaken but managed to call 911 on his cellular phone. The crossing guard walked over and reminded Mr. Walker that this was the risk that Ms. Nice warned him every day. Dr. Shady, a pedestrian, stopped to view the scene of the accident but offered no assistance, even though he carried his medical bag with him. In a nearby coffee shop, two police officers saw a crowd gather- ing but decided to finish their coffee and donuts before looking into the about disturbance.

Using the Yania, Rankin, and the City of Philadelphia cases and the Restatement sections that follow, determine the prevailing rule of law in this jurisdiction. Then, apply the rule to determine who has a duty to aid Mr. Walker.

In this assignment, please use the hypothetical set forth on page 135 in the textbook. Follow the directions at the end of the fact pattern, in order to determine who has a duty to aid Mr. Walker. your analysis should use the IRAC structure.

YANIA v BIGAN (1959)



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