Question
After a night of partying and drinking rum, three students intheir first year at lambton College in Toronto decided to take Professor Roger Batchelor's car
After a night of partying and drinking rum, three students intheir first year at lambton College in Toronto decided to take Professor Roger Batchelor's car from the College parking lotand take it for a joy ride. Roger Batchelor had left the keys in the ignition after he was distracted when Micheal Vourakes asked him if he wanted a drive home. Shalom, Halak and Eda were walking after drinking heavily after a great party and saw the car in the parking lot. The door was unlocked and Shalom could see that the keys were in the ignition. They got into the car after Shalom shouted "Hey gals, lets go for a ride, I am so drunk I think that I can drive haha". Shalom sat in the driver's seat and Halak in the passenger seat. Eda sat in the back. Shalom and Halak wore seatbelts but the back seat passenger, SEda,did notwear a seat belt. Eda shouted to Shalom, "hey babe, play some tunes, I wanna hear some rap." Shalom turned on the radio and turned up the music as loud as she could. While they were driving on a side road to Sheppard Avenuetheysaw a fellow student (Anila) who flagged them down to get a ride.
The driver (Shalom leaned her head out ofthe window and said: "Hey Anila you arewelcome to join us, we are in party mode, but I should warn you thatwe are all very drunk."Concerned that the last bus had left, Anila got into the back seat and Shalom drove on rather erratically. Anila soon realized that apolice cruiser was following the car with the lights flashing. They could not hear the siren because the music was so loud. Notwishing to be caught in the carwith a drunk driver, Anila panicked and yelled out "see ya", pulled open the door and jumped out (while the vehicle was moving) and was hit by a passingcar driven below the speed limit by Shivani with Amanpreet in the passenger seat. Amanpreet said, "Shivani don't stop, lets get out of here, the police are more worried about the other car, they won't even notice." Shivani did not listen to Amanpreet and pulled over right away and remained on the scene of the accident. She was very upset about having hit someone with her car. As a result of being hit by Shivani's car, Anila suffered a broken pelvis and arm. The passenger without the seatbelt (Eda) suffered a headinjury when the carswerved off the road and hit a pole after Shalom turned around to see what happened to Eda.
The police officers (Luis and Jeremy ) were anxious to get the two injured studentsto the hospital realizing that they had serious injuries, but notwishing the others to escape,Luis and Jeremy handcuffed them both tonearby railings. It was not until the supervisor, Sergeant Kartik Singh Manhas arrived and told them to call 911 to get medical help asap, that they responded to the plight of the injured students. Theweather was very bad and Halak for some unknown reason,appeared to get sick very quickly. By the time she arrived at emergency, she was very ill. She was eventually seen by Dr. Asha Joseph. Dr. Joseph was very busy that night and was unable to see Halak for several hours. Likely as a result of being in the waiting room for so long with many COVID sick patients, AHalak was exposed to and caught COVID-19, causingher death.
Comment on the extent of responsibility under Negligence for the following parties:
- Shalom (the driver)
- Halak (front seat passenger)
- Eda (back seat passenger)
- Anila (student that was picked up)
- Shivani (the driver that hit Aysun)
- Amanpreet (the passenger in Earnest's Car)
- Roger Batchelor (Car owner)
- Police Officers (Luis and Jeremy)
- Sergeant Kartik Singh Manhas
- Dr. Asha Joseph
- The Hospital
- Lambton College
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