On Monday, Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working pro
perly. On Friday, he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip. Reppart's said they had done the major repairs but that the steering system still needed some work and they needed another few days to finish the repairs. Travis told them he would pick the four-wheeler up and use it for the weekend and then bring it back to have them finish their work. While riding with friends on the weekend, Travis ran into someone because the steering stuck and he couldn't swerve to avoid them. Discuss how a court would determine causation in a negligence suit against Travis.
The service repair company advised Travis of the issues with the steering problems. He disregarded the notice and decided to drive the four wheeler before fixing the issue. Therefore, Travis assumed all responsibility after knowingly driving the four wheeler after being told of its issues. The people who he hit and caused damaged or injury to would clearly have a case against him. Perhaps even if he wasn't aware of the problems and caused damage to their persons or property, he would still be at fault. However, in that situation, he would likely be able to go after the service repair shop showing negligence on their part for failure to disclose this information.
The Tenth Amendment simply makes clear that institutions of the federal government exercise only limited and enumerated powers – and that principle infused the entire idea and structure of the Constitution from 1788 onwards.
