Questions are:1. If Lucy sues Richard for the damages to her car, can he claim she was also negligent? If so, how would the court decide the amount of damages to award?2. Lucy sues Jack Sawbones and LLC for damages. What, if any injuries, were proximately caused by Sawbones' negligence?3. May Lucy also sue Club Sky for her injuries? If so, why are they liable? Discuss.
SMITH v. RICHARD ROE JACK SA WBONES BENTLEY CLUB SKY AND LONG LIFE CLINIC FACTS FOR QUESTIONS 1-3 On February 14, 2017 Lucy Smith le her successful cabaret and restaurant known as ' \"Loose Lucy's\" to meet her husband for a dink at the Hurricane Bar to be followed by a romantic dinner at Marshside Mamas. The day before she had taken delivery of a new Bentley for whlch she had paid $450,000. Since she was already late, she sped from her parking lot and onto US Highway 278, ignoring a ashing red light which appeared on her dash when she started the engine. As she approached the intersection of 278 and Mathews Drive, she noted that the traic light was red, and that a car was speeding down Mathews Drive toward the intersection. She applied her brakes but the pedal did not respond and she could not stop. Richard Roe, who was speeding down Mathews Drive struck Lucy's car on the left rear door, destroying both cars and injuring Lucy severely. Before the accident Richard, who was at the time 18 years old, had been at Club Sky where he had been drinking Mojitos for hours. Although he appears to be much younger than 18, when the doorman at Club Sky asked him how old he was, Richard presented his 75 year old grandfather's drivers license. The doorman did not look at the document, and waved Richard through the door. When the police arrived at the scene, Lucy had already been placed in an ambulance and was heavily sedated. A tow truck was called to remove the cars, and the investigating oicer issued a citation to Lucy for failing to stop for a trafc signal and for operating a vehicle with defective brake-s. He also issued a ticket to Richard for speeding, and arrested him for driving under the inuence. In his accident report, he stated that both Lucy and Richard had contnbuted to the accident . Lucy is taken to Long Life Clinic's (\"LLC\") emergency room where she is treated by Dr. Jack Sawbones. Jack has been on duty in the emergency room for 36 hour with no rest. LLC's policy is that no doctor may work more than 24 hours without rest, however due to nancial constraints, the clinic has been unable to hire enough doctors to cover their needs. The EMS personnel tell Jack that Lucy has a broken left leg and other minor cuts and bruises. Jack mistakenly places a cast on her right leg. He then tells Lucy that she is lucky to be alive, that she should not attempt to put any weight on her broken leg, refers her to an orthopedic surgeon, discharges her, and leaves LLC to get some rest. LLC staff transports Lucy to the door of the clinic in a wheelchair. Lucy is still groggy from the pain medication, and when she attempts to stand on her left leg, it buckles. She falls to the oor, striking her head on the concrete and sustaining a concussion. Her brain swells, and she is taken back into the hospital where surgeons
