HERE'S ANOTHER TORTS FACT PATTERN:Frank decided to go fly-fishing in the mountains. Frank loved the mountains and as he drove up into the high green hills, he turned off his cell-phone so he wouldn't get any calls from work. Rolling down the window and breathing in the cool, crisp air, Steve reached inside his cooler and opened the first of the four beers he consumed before he reached a parking spot near a brook. After he got out of his SUV and hiked about half a mile, Frank came upon a stranger that was later identified as Steve. Steve had apparently been attacked by a mountain lion. Steve was seriously injured, covered in animal bites and claw marks. Dropping his fly- fishing rod, Frank bent down and carried Steve back to Frank's SUV. Frank put Steve into the SUV. Then Frank raced down the mountain until he got on the public road, where he exceeded the speed limit, took a turn too fast, lost control of the SUV and crashed. Emergency personnel were in the area and saw the accident. They stopped to render aid. Frank had no injuries and Steve had been adequately strapped in and suffered no injuries due to the SUV accident. But the emergency personnel took one look at all the blood covering Steve, and shouted, "We'll take him from here." The EMS personnel raced Steve to the hospital. But the doctor at the hospital committed medical malpractice and made things a lot worse for Steve. Now, Steve has a lawyer and wants to sue Frank and hold him liable for his injuries. What was the standard of care that Frank owed to Steve and why did Frank owe that standard of care? Discuss.Because Frank acted in the way he did, can he be held strictly liable for Steve's injuries that resulted from the doctor's malpractice? Discuss.
Although Steve had no injury from the crash, the EMC personnel found blood covered Steve’s body. If the blood the EMC personnel noticed is from the crash that might worsen his injuries, Frank could be negligent because he owed due care to drive within speed limit but failed to do so.
Quote from: River on May 09, 2005, 07:23:08 PM Although Steve had no injury from the crash, the EMC personnel found blood covered Steve’s body. If the blood the EMC personnel noticed is from the crash that might worsen his injuries, Frank could be negligent because he owed due care to drive within speed limit but failed to do so. Am I misreading something? This statement makes no sense to me...The blood the EMT noticed was *NOT* from the crash, as the passage clearly stated that he was not injured from the crash. The blood was from the animal attack. So how can the blood he noticed be indicitive of Frank negligence if his injuries were not from the crash?
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