Question
John fell asleep behind the wheel and rear-ended Ana's car as she was negligently backing out of her driveway too fast. The impact totaled Ana's
John fell asleep behind the wheel and rear-ended Ana's car as she was negligently backing out of her driveway too fast. The impact totaled Ana's car and seriously injured her right leg. Ana was taken to the hospital and the doctor negligently operated on her left leg. After her discharge from the hospital, while at home, her dog bit her on her right leg and it became severely infected that she had to spend a month in the hospital.
Ana is considering suing John to recover for damages to her car and both legs, including her one-month hospital stay. Will she likely win?
IRAC the answer.
Ana v. John
Negligence
Duty/Foreseeable Plaintiff
General duty
Cardozo's view
Andrews's view
Breach
Actual Cause
"But for"
"Substantial Factor"
Proximate Cause
Intervening force/Superseding force
The doctor
The dog
Damage
Defenses
Contributory negligence
Comparative negligence
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