David and his wife Amanda were on a leisurely Sunday drive when they stopped at the service station to fill up with petrol. Whilst he was walking to the cashier to pay for the fuel, David answered a call from his son on his mobile telephone. He failed to notice any hazard and continued walking across the carpet covering the open pit, which was obviously unable to support his weight. The carpet square collapsed, and David fell into the pit, breaking his right leg and left arm as he tried to stop himself from falling. When she reached out to her husband to try to support and steady him, Amanda was knocked over herself in the fall, striking her forehead on the concrete resulting in a hairline fracture of her skull and a serious concussion.

David is now in hospital receiving treatment for his serious injuries and will be unable to resume his work as an electrician for six months. Amanda is also restricted to hospital until her injuries heal and she can return home. She will need domestic assistance to maintain the household for a scheduled three-month rehabilitation period.

Q1. Represent David and Amanda in action in negligence against Fuel Services P/L

Q2. Represent Branko & Fuel Services P/L defending action in negligence by Scott