Question
Keisha is driving along a secluded country road when she receives a WatsApp message from her boyfriend. She replies as she drives along and does
Keisha is driving along a secluded country road when she receives a WatsApp message from her boyfriend. She replies as she drives along and does not notice an elderly runner, Carlos, in front of her. Carlos jumps out of the way and breaks his leg. Keisha swerves to avoid Carlos and drives away at full speed. As she goes round a bend Keisha loses control and the car skids, hitting John as he is walking his dog. John is unconscious and he and Carlos are taken to hospital. Doctor Moore, who has been on duty for 18 hours, examines John and says he needs an urgent blood transfusion to save his life. John has a rare blood condition but Doctor Moore does not check for this. John is given the wrong blood and dies. Carlos has a fear of hospitals and, as his broken leg is being set, he has a massive heart attack and dies.
Advise whether Keisha is liable for the unlawful act (constructive) manslaughter of Carlos and whether Dr. Moore is liable for the gross negligence manslaughter of John. Using at least two case law to support your arguments.
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