Elements of Negligence Scenario

Johnny works for Barbara as a delivery driver for her specialty flower shop in Phoenix, Arizona. Barbara has a thriving business and is constantly monitoring and communicating with her delivery drivers to get the fresh flower bouquets to their destinations as quickly as possible becausethe heat in Phoenix is often well over 100 degrees. If her flower bouquets are left in the heat too long they wilt. Clients pay a premium price for Barbara’s special bouquets and expect beautiful, fresh flowers. On one particularly hot and busy day, Barbara asked Johnny to deliver several bouquets to her best client Jillian who owns a fancy hotel across town. The bouquets were to be used that evening for a big wedding. There were fifteen bouquets valued at $1,500 placed into Johnny’s delivery truck. When Johnny arrived at Jillian’s, he asked a busboy where to put the flower bouquets. The busboy pointed to a stand on the front patio of the hotel under an overhang. Johnny quickly unloaded the flowers on the stand, jumped back into the van and headed back to Barbara’s shop for the next delivery. Barbara received a very angry phone call from Jillian because the flowers had all wilted and could not be used for the wedding. Jillian threatened to sue Barbara if she did not remake the flower bouquets and send them to her hotel immediately. Barbara refused. In one or more fully formed paragraphs, identify the four elements of negligence and state whether Barbara would be liable and why. Use details from the scenario to support your reasoning.

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