Reference no: EM133051104
Question 1
Angela Praunton is an experienced registered nurse employed by Pearl North Valley Aged Care Home (PNV). During the height of the COVID pandemic she was called in to work extra shifts over the weekend, given that a number of staff had been exposed to COVID while working with residents and needed to isolate at home. Over the weekend of July 24-25 2021 she worked three long shifts with only brief breaks for sleep in a rest room, managers at PNV having told her that they needed her badly. By Sunday evening she was exhausted and starting to cough, suspecting that she may have contracted COVID, as a number of the usual infection control measures were not being properly observed. At midnight she was finally sent home for the 45 minute drive back to her house.
Unfortunately, 40 minutes into the drive, her exhaustion became too much and she started to nod off to sleep at the wheel. Just at that moment, a storm that had been brewing resulted in a massive thunderclap and lightning strike on a paddock next to the road. Angela jerked awake, was confused and spun the wheel and send the car spinning off the road to collide with a telegraph pole. She suffered serious physical injuries.Angela is considering suing PNV in the tort of negligence for the physical injuries she has suffered in the crash. Discuss whether she might be successful in her negligence claim against her employer in relation to these events. You should of course discuss the relevant statutory regime which will govern the claim, and any defences available.
Question 2
Assume that Angela has indeed contracted COVID, and as a result her recovery will likely be 3 months longer than it would otherwise have been. Discuss whether she may be able to make a claim in negligence for damages against PNV which includes the effect of the extra recovery time. (There is no need to repeat material already covered in relation to the claim for physical injuries.) (5 marks)
Angela's son Bernard, who is 21 years old, still lives at home with his mother, who has brought Bernard up as a single mother. The two are very close. Bernard has had some pre-existing mental illness challenges, but his mother's accident causes him to have a serious breakdown, worrying about his mother's recovery.
Discuss the issues that would arise if Bernard were to sue PNV in negligence for the consequences of his mental health breakdown.
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