Question
Michael, aged 19, was a warehouseman with Nike Canada. On September 6th he was part of a 4 man work crew building a trade show
Michael, aged 19, was a warehouseman with Nike Canada. On September 6th he was part of a 4 man work crew building a trade show display booth for at the Vancouver Colesium. Michael drove to work arriving at 7:30 am and finished worked until 11:30pm. Between 8:30pm and 10:30pm the supervisor brought in Kentucky Fried chicken and a tub containing 24 beer. During that time Michael drank 10 beer. When he and others left work at 11:30pm the supervisor asked whether they were ok to drive but did not offer a cab or any other alternate transportation home. After work they walked across the street to the Unicorn Pub where Michael drank one bottle and one pint of beer. He left there at 1 am and walked to the 86th Street Music Hall. During the next hour Michael drank another pint of beer. When Michael left at 2 am he got in his car and proceeded to drive home. Unfortunately he went out of control with his car going off of the road. Michael was rendered a quadrapalegic.
What is the legal issue/question? What is the legal test(s) or rule(s) that would be used by a court including any defense available? MakeanargumentforthePlaintiff MakeanargumentfortheDefendant
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