Case Questions

• In briefly looking at the facts of this case, why do you think the jury found the university 72% negligent and Whitlock 28% negligent (what type of negligence case is this?)?
• What factors does a court look to in determining if one party owes a duty to another?
• Why is it important that this case involved the negligent failure to act versus a negligent affirmative act?
• Why did the court not find a special relationship between the student and university to impose a duty in this case?
• Do you agree with the court’s decision? Why or why not?