Reference no: EM132452859
Jack and Diane are husband and wife. They have no children. On a Saturday afternoon, Jack has an accident while mowing the lawn and severely cuts his hand. The injury is not life threatening, but Jack is bleeding profusely. Diane gets Jack into her car and begins to take him to the hospital.
On the way to the hospital, Diane is driving very fast, although she has activated her emergency lights. As Diane approaches a four way intersection, she notices the light is about to change to red. Not wanting to stop because of Jack's injury, Diane accelerates her speed to get through the yellow light before it turns red.
Unbeknownst to Diane, an industrial truck from Gravel Plus in front of her is carrying a large load of gravel which the driver of the truck, Paul, has not properly secured. As the truck passes through the intersection, the gate of the truck comes loose and the entire load of gravel from the truck comes spilling out directly into the street in front of Diane. Diane sees the gravel pouring out of the truck but is traveling too fast to stop in time to avoid the gravel. Diane swerves her vehicle to avoid hitting the gravel and strikes an unoccupied parked car.
During the accident, Diane strikes her head on the steering wheel and is knocked unconscious. Jack, who has been bleeding profusely for quite some time and who has now been involved in a serious accident, goes into shock. The driver of the gravel truck, Paul, calls his boss to advise of the accident; however, Paul does not go to Jack and Diane's car to make sure they are all right. During this period of time, Jack continues to bleed from his initial injury.
Eventually, an ambulance arrives at the scene. Diane has a concussion but no serious injuries. Jack, however, has continued bleeding and, because he is in shock, has been unable to alert anyone to his injury. By the time the ambulance arrives, Jack has lost too much blood, and he dies from his initial injury in the ambulance on the way to the hospital.
1. Please discuss all tort claims against Paul and Gravel Plus.
2. Please discuss all defenses that Paul and Gravel Plus might have against the tort claims asserted by Diane.
3. Is Paul and/or Gravel Plus subject to liability for Paul's calling his boss after the accident rather than providing aid to Jack and Diane? Please explain your answer.