Question 2 -CASE STUDY - Read the following fact pattern. Answer each sub-question below in whatever detail you feel is necessary to address the question adequately.

Facts:

David is driving 30 km/h in a 30 km/h zone down a four-lane street in Southwest Calgary through a marked playground zone. A group of children are playing soccer adjacent to the street. One nine-year old child, Kevin, runs into the street chasing a soccer ball right in front of David, who is driving in the right-hand lane. David, without looking over his shoulder, swerves into the other lane to avoid Kevin. In the process of swerving, David hits a car, driven by Peter, that was speeding past him at 60 km/hr in the left-hand lane going in the same direction. David is successful in missing Kevin as a result of the swerve.

After being hit by David, Peter loses control of his car, hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries.

Mary is a passenger in the vehicle driven by Peter. After hitting the telephone pole, she is shaken up, but not badly injured. However, she is very angry. Mary hops out of the damaged car driven by Peter and grabs a tire iron from the trunk. She rushes toward David's car yelling "I am going to kill you, you S.O.B!!! You are a lying, thieving, child-abuser and, if I get my hands on you, you will be very, very sorry!" This statement is heard by the children in the playground.

David, terrified of this screaming woman, hops out of his car and begins running across the playground. When he turns his head back to see if Mary is chasing him, he runs into a tether- ball pole and gets a concussion and a broken arm, forcing him to miss 2 months of work.

TeleCo never did any testing of its poles to establish how easily the poles broke. The only factor used in manufacturing the poles was cost. The poles were made of low quality trees and were not treated in any significant manner except for a coating of tar. No reinforcement was used on the poles.

Question: Under the laws of tort, what do you believe are the various liabilities and rights of the parties involved applying the principles discussed in this course?

(Hint: Remember in tort law that the name written first is the Plaintiff and the name written second is the Defendant. Therefore, Peter v. David is asking what Peter's claims in tort are against David. However, if you believe that a counterclaim is supportable in any instance, feel free to specify that in your answer).

A. Peter v. David (10 marks)

B. Kevin v. David (10 marks)

C. Kevin v. Peter (10 marks)

D. Kevin v. TeleCo (10 marks)

E. David v. Mary (10 marks)