Question
Kris asked Bobbi if she could borrow her SUV in order to transport her used furniture to New Start, a local non-profit. Bobbi hesitated to
Kris asked Bobbi if she could borrow her SUV in order to transport her used furniture to New Start, a local non-profit. Bobbi hesitated to say yes, because she knew of Kris's propensity for speeding and her numerous prior traffic violations. Despite her reservations, however, because she believed in the mission of New Start, Bobbi agreed to let Kris use her SUV and gave her the keys. That night, Kris drove carefully and dropped off her furniture at the New Start resale store. Eager to get home, she sped as much as 25 miles over the speed limit on the return drive. While rounding a curve on I-55, she lost control of the SUV, which tumbled off a ramp and down a hill, crashing into a small tree.
Sean happened to witness the incident and ran down the hill to help, but in doing so, he stumbled in a hole and severely sprained his ankle. Kris emerged from the SUV dazed but without a scratch. The SUV, however, was crumpled. An ambulance took Sean to the hospital, where the E.R. doctor taped up his ankle, gave him crutches, and prescribed 12 weeks of physical therapy. The sprain prevented Sean from opening his new home remodeling business for another three months.
1. Can Sean recover his medical and therapy costs? From whom? Explain. (11 Marks)
2. Can Sean recover the income lost from the three-month delay in opening his business? From whom? Explain. (6 marks)
3. Discuss any issues of joint and several liability as applied to Sean's claims. (5 marks)
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