Facts of case

James was operating his cabin cruiser with his family a mile off the coast when he needed to go below to prepare meal. He left his 12 year-old son to drive the boat. While James was below, the cruiser struck a small, dark colored rubber dinghy which contained Ned, a diver in a wetsuit, who was resting between dives that he had been making in the area. There were no marker buoys on or around the dinghy, and it was difficult to see in the swells.(Ned's diving companions had taken their boat to the nearest marina to refill their air tanks.) Ned suffered a leg injury in the collision. As soon as James heard the screams, he came up from below, stopped the boat, and rescued Ned. It was clear that the leg was broken, and James took Ned as quickly as possible back to the town, where he was immediately transferred to the local hospital.

Ned was admitted and examined by Dr. Green. The doctor noted and treated Ned for a broken ankle, but failed to notice that the leg had also been injured above the knee where a small bone protruded from the skin. Because of this failure, the wound became infected and it became necessary to amputate the leg. Dr. 3Green was not a surgeon and so gave clear instructions to Dr. Blade, the local surgeon, regarding what was required. In the operating room, Dr. Blade got mixed up and amputated the wrong leg. When the error was discovered, then Dr. Blade amputated the correct leg.

Ned then sued the owner of the boat, his son who was driving at the time of the accident, Dr. Green, Dr. Blade and the hospital for the injuries he suffered.

1)Identify four different legal issues which arise on these facts. The legal issues must to be stated in the form of a question to be answered by the court, and should identify the parties to which each issue applies and include the relevant facts pertinent to each issue. See legal issue summaries for samples (4 marks - 1 for each issue).

2)Choose only one of the legal issues you have identified above, state which one you have chosen,and then answer the following four (4) questions relating to that one issue only:

a)Name and then state the applicable legal rules/tests including elements for that legal issue (2 Marks)

b)Develop an argument for the plaintiff(s) in support of the claim (1 mark)

c)Develop an argument for the defendant(s) to defend against the claim. (1 mark)

d)Indicate your decision and rationale as to which party would be successful (2 marks)