Question
1.Andy, a pedestrian, was struck by a parcel that fell from a TMT freight truck on the Cahill Expressway.He suffered a broken arm and was
1.Andy, a pedestrian, was struck by a parcel that fell from a TMT freight truck on the Cahill Expressway.He suffered a broken arm and was unable to work in his usual occupation (as a systems architect for Microsoft) for 4 months.It appears that the parcel fell from the truck because the back door was accidentally left open by the truck driver, who is a TMT employee.The truck driver was in a rush due to the large number of deliveries that day.Also, the sensor on the truck door that is supposed to detect whether the door is left open hadn't been working for the past 3 weeks.Andy is demanding compensation from TMT.
In your answer, address: what cause of action Andy has against the truck driver or TMT; how vicarious liability is relevant; whether the truck driver owed Andy a duty of care; whether the truck driver failed to take reasonable care; whether the truck driver's negligence caused Andy's loss and damage; whether TMT will have to pay Andy damages; whether the damages payment will be covered by TMT's motor vehicle insurance; and advice to the CEO about improving 'risk management' to prevent future such incidents in the future.
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