Question 5

1. Whilst popping into a cafe for a takeaway coffee, Roger left his sports cars engine running. His sports car was stolen by a joy rider who drove off at very high speed before colliding with Bert 500 metres away. Bert was sitting on a bench face-timing his wife (Molly) on his mobile phone. He did not hear or see the car coming. The joy rider escaped and has never been found. Bert suffered severe head injuries and was taken by air ambulance to Dungarvan Hospital. Despite being in agony, Bert was not examined by medical staff for fifteen hours and when he was seen, a junior doctor (James) only placed plasters on his facial cuts and sent him home with some painkillers. During the night, Bert died from a blood clot to the brain. Medical evidence suggests that if he had been promptly and properly assessed the clot would have been detected and he would have made a full recovery. Molly heard the collision take place on her phone and the shock of that incident when combined with Berts death has triggered an underlying and pre-existing mental condition that she had. As a result she has suffered significant psychological injuries and is unfit for any type of work. Advise Molly as to any potential claims she may have arising under the tort of negligence.

(20 Marks)

2. Explain using case law whether accountants can be held responsible for negligent misstatements.