Bahama Bob has a sole proprietorship which operates a food truck preparing lunch and dinner items featuring the cuisine of the Bahamas. Bob parks the truck outside the Hospital of the University of Pennsylvania and frequently sells to the doctors, nurses and outpatients in the area. One day, one of his regular customers, Dr. Angus Fielgood, a neurosurgeon, begins choking while eating a dish of chicken and peas 'n rice. Attempts by other physicians to perform a Heimlich maneuver are unsuccessful and Angus dies. During the autopsy, a chicken bone is found lodged in Dr. Fielgood's throat and is determined to be the cause of his death.

Dr. Fielgood's family sues Bahama Bob for wrongful death, alleging that Angus was 50 years old and was earning $1.5 million annually and expected to continue practicing medicine until he turned 65.

What could Bahama Bob have done earlier to limit his personal liability for Dr. Fielgood's death? Should Dr. Fielgood's family be deprived of a recovery for Bob's carelessness just because of the form of his business? To underscore, Bahama Bob was careless in the food prep. Another word used in the courts for carelessness is negligence.

Kindly share your thoughts.