Sally, a paramedic, is driving an ambulance to a crime scene to provide emergency treatment to a
Question:
Sally, a paramedic, is driving an ambulance to a crime scene to provide emergency treatment to a victim dying from a gunshot wound. During the drive, Sally receives a phone call from a police officer at the scene who tells her to drive faster because the victim is about to die. In a panic, Sally increases her driving speed to 20km above the legal speed limit and swerves between lanes, before losing control of the ambulance and crashing into another car.
The driver of the car, Terry, does not realise that an ambulance is approaching because he is listening to music and his rear view mirrors have been broken for two weeks. As a result of the crash, Terry suffers fractures to his elbows and has to pay $95,000 in medical costs and associated surgeries. Terry also becomes addicted to the pain relief medication he is prescribed during his treatment and pays $15,000 for psychiatric treatment for his addiction.
Terry is a professional tennis player. Three years after the accident, Terry plays in an overseas tournament against one of his rivals, Vishy, for a $150,000 prize. Prior to the accident, Terry had played 3 games against Vishy and won them all. However, Terry ends up losing the tournament and blames his loss on the accident which damaged his elbows.
Advise Terry as to the most appropriate action inTort Lawwhich he may bring against Sally, exploring all potential arguments.
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