Charlestown is a small coastal community whose only noteworthy industry is tourism and its biggest tourist attraction is the annual World One Music Festival for two weeks in July. During the day revelers shop for arts and crafts, World One memorabilia and eat various delicacies from around the world at the small shops and booths that line Charlestown’s ten-block El Cerrito Street. From 4 pm to 12 midnight, musicians perform on stages set up at each end of El Cerrito Street.
During the Music Festival, pursuant to a local ordinance, no motorized vehicles are permitted on the ten-block section of El Cerrito Street.
Karl R., the owner of a small restaurant on El Cerrito Street opens the restaurant at 6:00 am for breakfast even though business is slow at that hour during the Music Festival. One day during the festival a father and son, George Sr. and George Jr., have breakfast at the restaurant. After eating, while George Sr. paid the bill, George Jr. walked out onto El Cerrito Street to enjoy the morning sun.
Just at that moment 14-year-old Corey M. came around the corner onto El Cerrito Street riding a moped while on his morning paper route. The moped was only traveling at a speed of 15 mph and Corey would have been able to stop in time if his moped was not out of brake fluid. (Corey had owned the moped for two years but had never bothered to check the brakes.)
The brakes failed and Corey hit George Jr. who was standing on El Cerrito Street. George Jr.’s head hit the concrete curbing as he fell, knocking him unconscious.
Corey raced into the restaurant and, upon hearing Corey’s story, George Sr., who was still paying the bill, begged Karl R. to permit him to use the telephone to call an ambulance. Karl R. refused. Corey ran to find another open business and an ambulance arrived in fifteen minutes. George Jr.’s physician states that the delay in treatment allowed a blood clot to form which seriously complicated George Jr.’s condition.
You are the judge. If George Jr. sues Karl R., does Karl R. have a defense?
Any Resemblance to Actual Events or Persons Living or Dead is Purely Coincidental.
Answer below in comments later today.
