Question
Due to severe flooding, all trains between Birmingham and Nuneaton are cancelled and passengers are advised to travel by replacement buses. David is the bus
Due to severe flooding, all trains between Birmingham and Nuneaton are cancelled and passengers are advised to travel by replacement buses. David is the bus driver driving the bus from Nuneaton to Birmingham. A number of passengers board the bus which sets off towards Birmingham.
David drives the bus towards Birmingham city centre. He passes under a low bridge forgetting that he is driving a double decker bus. The bus strikes the bridge crushing the top deck.
Susie was the only passenger travelling on the top deck and is killed outright. Susie's mother, Janine, hears about the incident a few hours later and identifies her daughter's body.
She now suffers from a reactive depression as a result of viewing her daughter's badly damaged body.
what rule should I apply for this case in order for me establish physical injury suffered
could you able to advice potential rights and liabilities in the tort of negligence?
obiously David is breah of his duty and res ipsa loquitur can I able to apply on this fact?
How about But for test and The skull rule can apply on this fact???
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