Question
Paul was the pillion passenger on Derek's motorcycle, which collided with a bus owned by Sunshine Tours Inc. The bus was at the time driven
Paul was the pillion passenger on Derek's motorcycle, which collided with a bus owned by Sunshine Tours Inc. The bus was at the time driven by Trevor. Both Derek and Trevor admitted that they are equally to blame for the accident. Paul, who was not wearing a crash helmet, suffered a concussion and required twenty stitches to a wound on his scalp. In addition, Paul had a major injury of a crushed leg, and, despite major operations over a two-month period, his leg had to be amputated.
Paul was twenty-five years old at the time of the accident and the leading goal scorer for an amateur football team. He had been employed as a mason earning a basic salary of $3,000 per month. For the six months prior to the accident, his employers were carrying out a major contract to build an office block and each mason had been able to earn an average of $250 per week overtime in addition to his regular pay. The building was to be completed in seven months' time.
Paul was hospitalized for one year after the accident, during which time his employers made a payment of 50 percent of basic salary, as stipulated in Paul's contract of employment. At the end of the period, all payments ceased, but the employers offered Paul a desk job at a salary of $1,500 per month. Six months after Paul's one year stay in the hospital, Paul took up the offer. During his convalescence, Mandy, Paul's wife, gave up her job as a receptionist to a dentist, earning $2,500 per month in order to look after Paul.
Paul also received $20,000 from an insurance policy, arranged through his football club, which was payable for the loss of either leg. Advise Paul as to the legal issues which arise in his case and explain how the court will approach the problem of assessing damages.
Answer using the IRAC method.
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