Question
Kush is a part-time columnist at the London Post and is a professional football player signed with Mantown Football Club (MFC). Kush suffers from a
Kush is a part-time columnist at the London Post and is a professional football player signed with Mantown Football Club (MFC). Kush suffers from a genetic disorder that makes his joints very fragile and prone to fracture. On the 5th of February, Kush was out on a walk when he slipped on the pavement and fell on the main road breaking his right elbow. Shortly before this Helen, an employee at a caf right next to the place of incident, had accidentally dropped a bottle of olive oil on the pavement while carrying supplies into the caf and had made no attempt to clear up the mess. Helen is a student and earns minimum wage. The caf she works for is a large coffee chain with an annual turnover of over two billion pounds. As Kush stood up from the fall, in pain and slightly disoriented, he started walking towards the centre of the road rather than in the direction of the pavement, while holding and looking at his arm, completely oblivious to the oncoming traffic. Unfortunately, he was hit by a delivery van driven by Balqis, who had taken her eyes off the road to text on her mobile phone. Kush's left ankle was broken in the accident. When the accident involving Kush occurred, Balqis was driving a delivery van which belonged to 'Epic Foods plc', and though she was on her delivery round, Balqis had diverted to deliver a bouquet of flowers to her boyfriend. It is important to note that "Epic Foods plc" hires van drivers from an agency called Drivers Ltd. Epic Foods plc had hired Balqis, who was on Drivers Ltd's books, for six months. Drivers Ltd do not pay their drivers when they are not employed by another company. Under the terms of the agreement between Epic Foods plc and Drivers Ltd, Epic Foods plc agreed to pay Drivers Ltd 100 per week for Balqis's services. It is also agreed that Epic Foods plc could dismiss Balqis for "misconduct" and that Epic Foods plc would pay Balqis 800 per week in cash (to avoid any tax problems). Balqis pulled over and called an ambulance. Kush was taken to Smack General Hospital where Ruben, a doctor, failed to diagnose that his ankle was broken and only treated his right elbow. Because he was unaware that his ankle was broken, Kush went to buy groceries the next day at Singhbury's. While in the ice-cream aisle, Kush slipped on a scoop of completely melted ice-cream and sustained minor injuries. It was not clear whether or not Singhbury's staff were to blame for the spillage. It could have been another customer, or the wind, or anything else. Spillages happened roughly 10 times a week and staff had standing orders to clean anything up straight away. The store was, however, severely short staffed that particular month. A member of the staff helped to pick Kush up and called an ambulance. At the hospital his broken ankle was eventually diagnosed. Experts agreed that Kush would have lost earnings of 200,000 as a result of missing one month of the football season because of his broken ankle, and that he would not be able to write his columns for the London Post for three months because of his broken elbow, causing lost earning from that job of 100,000. Experts also agreed that Kush's ankle would always remain weak as a result of the break, and that consequently he was likely to earn far less by way of signing-on fees from football teams during his career. The delay in diagnosing the ankle injury did not have any impact on the length of time he would not be able to play or the permanent weakness. Advise Kush regarding the possible tortious liability of all parties towards him.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started