Case 10 Volpe v. Gallagher
Essay
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1.
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Identify the Plaintiff(s) in the case.
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2.
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Identify the Defendant(s) in the case.
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3.
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Are the Plaintiff(s) looking for compensation in the form of money from the
Defendant?
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4.
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What is the relationship between Mrs. Gallagher and James
Gallagher?
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5.
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How old was James Gallagher when he committed the criminal
act?
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6.
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What symptoms of mental illness did James Gallagher suffer
from?
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7.
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Did a medical physician ever diagnose James Gallagher regarding his mental
illness?
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8.
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What crime(s), if any, was James Gallagher charged with, and how were those
criminal charges ultimately decided?
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9.
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Did Mrs. Gallagher periodically inspect her son’s room for guns or any
other weapons?
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10.
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Did Mrs. Gallagher have a right, as the owner of the property, to inspect her
son’s room for weapons, even though he was an adult at the time of the accident?
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11.
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What were Mrs. Gallagher’s arguments as to why she should not be
responsible for the actions of her son? Be specific.
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12.
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Did Mrs. Gallagher, as the owner of the property, have a duty to her neighbors
to keep her premises safe from dangerous conditions, in this case, her son harboring weapons?
Explain.
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13.
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Did the Defendant, Mrs. Gallagher, as the owner of the property, know that James
Andrew Gallagher had weapons in his room?
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14.
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Should Mrs. Gallagher, as the owner of the property, have know that her son had
dangerous weapons in his room?
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15.
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Did Mrs. Gallagher know that her son, James, was a dangerous person?
Explain.
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16.
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Did Mrs. Gallagher breach her duty of care to her neighbors by failing to
inspect the premises for dangerous conditions, i.e., guns in her son’s room?
Explain.
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17.
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Could Mrs. Gallagher control her son’s actions where she could demand he
remove the guns from his room? Explain.
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18.
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Did the fact that James Gallagher harbored weapons in his room create an
unreasonable risk of foreseeable harm to the Volpes/Almontes? Explain.
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19.
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YOU BE THE JUDGE
Explain your decision
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