Question
1.Kevin had let his son, Rahul drive farming equipment since he was 10 years old. On his 12 th birthday, Rahul was driving a tractor
1.Kevin had let his son, Rahul drive farming equipment since he was 10 years old. On his 12thbirthday, Rahul was driving a tractor through the corn fields when he felt a bump and then heard screaming.Kevin was in the house and was aware that Rahul was driving the tractor.Thereza, one of the farm hands, had been hiding in the corn fields sleeping when Rahul ran over her leg.Rahul drove the tractor quickly to find his father and Kevin and Rahul wrapped the wound in a towel and drove Thereza to the hospital.
Thereza was admitted and examined by Dr. McDreamy.The doctor noted and treated Thereza for a broken ankle, but failed to notice that the leg had been injured above the knee where a small bone protruded from the skin.Because of this failure, the wound became infected and it became necessary to amputate the leg.Dr. McDreamy was not a surgeon and so he gave clear instructions to Dr. Burke, the local surgeon, regarding what was required.In the operating room Burke got mixed up and amputated the wrong leg.When the error was discovered, Burke then amputated the correct leg.
Thereza then sued the Kevin, Rahul who was driving at the time of the accident, Dr. McDreamy, Dr. Burke and the hospital for the injuries suffered.
Explain what torts have been committed, the arguments that can be used in defence and the liability which will likely be imposed on each of the parties.
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