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Please write an essay for Jim, arguing for him and against Melissa. This should be an IRAC-Style essay and must have supporting case law. You will need to use Lexis to research and find the cases to support your position.

“Gravel is Us” was hired by the state of Ohio to do repairs on I-90 and the scope of this work included blasting away dangerous rock by using dynamite. In an effort to maintain safety, a guard was set up on the highway to make sure no cars entered the area, however the guard fell asleep. While there was a road closure sign, Jim did not see it which ultimately resulted in him driving right into the dynamiting zone and Jim suffered severe injuries from falling rock.

While, Melissa, the defendant in this case and owner of “Gravel Is Us”, argues that she cannot be held liable for negligence, we will push to show she should be held liable for Jim’s injuries sustained by the falling rock under the theory of Strict Liability. Because blasting is an abnormally dangerous activity, public policy requires that the cost of the damage resulting to innocent parties be borne by those undertaking the blasting, even when they have not behaved negligently (was there negligence?). This rule of law comes from Spano v Perini Corp., 31 A.D.2d 788 in the Supreme Court of New York. In Spano v Perini Corp it states that the majority of American Jurisdictions hold blasters absolutely liable. Ohio being one of those jurisdictions. Bring Ohio case law

A court will therefore likely rule that Melissa will be held liable for Strict Liability.

Bring multiple case law. Discuss repondeat superior

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