Question
Phil O'Dendrum owns a flower shop. Kris Anthemum was in the process of delivering flowers for Phil on June 24, 2020 when she had an
Phil O'Dendrum owns a flower shop. Kris Anthemum was in the process of delivering flowers for Phil on June 24, 2020 when she had an accident. The shop was located in Santee and the delivery was to be made in Lemon Grove which is approximately 12 miles away. She was driving her car in a northbound direction on Elm Avenue, in Del Mar (22 miles away) at the time of her collision. She was on Elm when she saw a child playing on the sidewalk. She then saw the child dart into the street in front of her while chasing a ball. She hit the child, Rick Shaw, and caused serious medical issues, to wit, a fractured leg, femur and a concussion.
Kris got out of the car and saw that the boy was in the middle of the street and in a dangerous position in relation to other traffic. She went to help him and as she lifted the boy she lost her balance and dropped him, further injuring him.
Questions
The lawyer for the boy, aged 8, is Dan Druff. He alleges that Phil is automatically responsible for the boy's injuries?
What are the rights of the boy (or his parents)? Whom can they sue and why or how? Please be very detailed in your analysis.
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