Rhabdomyolysis is a degenerative disease of the skeletal muscle that involves destruction of the muscle tissue

“The plaintiff was an eight-grade student athlete who had just finished the season playing on the school’s basketball team and was not looking forward to trying out for the track team. He and approximately eighty other boys were enrolled in an elective gym class. On the day in question, the teachr observed plaintiff talking toa classmate during roll call, a violation of a class rule. As punishment, the teacher told the plaintiff to do 100 “ups & downs”, also known as squat-thrusts. The plaintiff had not been subjected to similar punishment before, but he understood that if he stopped during his punishment, he either would be made to start over or would be sent to the principal’s office. A classmate counted the 100 repetitions.
The plaintiff then participated in approximately twenty-five minutes of weight lifting required of the gym class that day. He did not complain to the teacher of pain or fatigue, fearing that would make matters worse. In the follwoingdays, however, plaintiff was diagnosed with rhabdomyolysis and renal failure; he also developed esophagitis/gastritis. The plaintiff was hospitalized and missed three weeks of school. He continued to expierence fatigue, and has been unable to participate in school sports or physical education class. Rhabdomyolysis is a degenerative disease of the skeletal muscle that involves destruction of the muscle tissue, evidenced by the presence of myoglobin in the urine. The plaintiff’s mother stated that the teacher told he the “ups & downs” were a means of punishment necessary to control middle school students. The mother also stated that the teacher told her that he had intentionally inflicted pain on her son, explaining : ‘with high school kids you can have them do two ups and downs and they remember.” The mother further states that the school district’s athletic director told her that “the coaches at the junior high were out of control and they did their own thing.

1) Identify and explain under which type of negligence could the plaintiff bring litigation against th school. Hint: contributory and comparative negligence are not the primary items in this answer.
2) The failure to exercise reasonable care under the circumstances was alleged in this case. Define reasonable care and explain how it applies to this negligence case.
3) Identify and explain who owed a duty to the student and why.
4) Explain how were these duties or duty breached?
5) Identify and explain the proximate cause of the damage.
6) Describe the damage. Was the damage sufficient for a lawsuit? explain.
Cite at least one secondary source to support your answer for each of the six items. Cite at least two primary sources overall in your answer.

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