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Shihab just qualified as an Uber driver. To mark his success, his friends invited him to their local pub for a celebratory drink. Unknown to
Shihab just qualified as an Uber driver. To mark his success, his friends invited him to their local pub for a celebratory drink. Unknown to his friends, Shihab had an argument with his partner Nadine following accusations of infidelity. After a long argument with Nadine, he stormed out of her house, got into his car and headed in the general direction of the city center where his friends were waiting for him. On his way there, he received a message on his phone from Nadine and the two of them continued their argument by messaging each other on their phones. While driving, Shihab kept on glancing at his phone and continued to respond to Nadine's rapid messages. Distracted by his phone and in a highly emotional state, he was not able to avoid a car that veered into his lane driving at a very high speed. The driver of the car, Rhianna, was suffering from one of her regular seizures. Unusually for her, and because of pressures at work, she had neglected to take the medicine prescribed to her for these seizures. Shihab's car was a total loss and he suffered a complex fracture to his leg whilst Rhianna, was knocked unconscious and suffered a collar bone fracture. An ambulance arrived shortly after the accident; but on the way to the Midtown City Hospital, Rhianna had an allergic reaction to the standard medical treatment she received from John the paramedic whilst unconscious in the ambulance. She never regained consciousness. Shihab was treated for his broken bones by the Midtown City Hospital and released soon. As a result of the way his fracture was set, there was a 1% chance of the movement in his foot and ankle being reduced. He was not advised about this by the hospital. A couple of weeks later, Shihab experienced unexpected medical complications as a result of the cast on his leg, which affected the blood flow to his foot. He had to be re-admitted to the Midtown City on a Friday night when there were a large number of emergencies. Even though he was experiencing excruciating pain in his leg, he was made to wait for four hours before a doctor could attend to him. He was informed that his foot had to be amputated to save his life. Had he been attended to within the first two hours of being at the A&E, there was a 43% chance his leg could have been saved. As a result of losing both his Uber business and the amputation to his foot, Shihab developed a severe case of depression and was unable to return to gainful employment. Advise the parties on liabilities in negligence
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