Question
Dan, who lives alone, is a delivery person working for Fanny's Flowers. His work day consists of delivering flowers pursuant to orders placed with Fanny's.
Dan, who lives alone, is a delivery person working for Fanny's Flowers. His work day consists of delivering flowers pursuant to orders placed with Fanny's. One day, at about 10:00 a.m., while Dan is making various deliveries, he decides to interrupt his schedule for a quick trip to his mother's house. His mother had been sick and he wanted to check on her condition. Moreover, the weather was clearing and Dan had need of his sunglasses for driving, sunglasses Dan had left at his mother's home the previous weekend. The trip to his mother's home would be about five miles out of Dan's scheduled route, and expected to take about 20 minutes.
En route to his mother's home, Dan, due to his inattention and excessive speed, loses control of the Fanny vehicle and drives up on the sidewalk, striking and seriously injuring Suzi, a six-year-old girl. At the time of impact, Suzi was accompanied by her babysitter, Bob, who was standing three feet from Suzi when she was struck by the vehicle. This day was the first day that Bob had babysat for, or even met, Suzi. Bob's sole reaction to the accident was a concern that he might not get paid for babysitting.
The accident occurred 100 feet from Suzi's home. At the time of impact, Suzi's mother, Doris, was looking out the front window and saw Suzi as she was struck by Dan's vehicle. Doris is predictably horrified, but she calmly calls an ambulance and then rushes to give aid to Suzi.
Later, at the hospital, Suzi's father, Jimmy, arrives. When he sees his daughter in critical condition, he becomes distraught, vomits and requires medication for his condition.
Is there negligence? Why or why not? Explain your answer. Remember to proof-read and treat the assignment, as though I know nothing about the law.
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