Currie V. Chevron

Final Court Ruling

Eleventh Circuit affirmed the Lower Courts decision

Lower Courts decision

-Lower district court agreed with the plaintiff (awarding her 3,500,000) -Court of Appeals: reduced amount by 25% because negligence was only 25% of the reason for Antione's death -Defendants appealed to United States Court of Appeals for the Eleventh Circuit

Application of Rules

-Shukla failed to comply with legal duty and procedures for the protection of others against reasonable risk and the inability to follow the conduct, which resulted in injury -negligent authorization of the gas pump was a fatal injury to the plaintiff

Cause of Action

1. Negligence 2. Reasonable risk 3. Employer Liability

Material facts

1. Nodiana Antione and Anjail Muhammad, were arguing at a Chevron USA gas station 2. Shukla authorized the gas pump. It was unsure whether she authorized the pump before or after Shukla was informed about the couple was fighting. 3. Pamela Robinson was a customer who saw that Muhammad was being physical and that the cashier or pump authorizer 4. Muhammad sprayed .65 cents worth of gasoline on Antione and later set her on fire

Defendants Contentions

Cheveron contends that Shukla was following her employment protocol and that eminent harm or danger was not obvious at that moment

Defendant

Chevron, under Shukla

Issues of law

Is Chevron liable for negligence when one of its employee members authorized a gas pump in what could be seen as a reasonable risk to Antione?

Rules of Law

Negligence: conduct that falls below the reasonably necessary to protect others against significant harm or risk

Plaintiffs Contention

The employee acted negligently and is liable for reckless endangerment (for authorizing the gas pump)

Plaintiff

Tracie Currie, for Nodiana Antione