Reference no: EM133257000
Case: Maeve 's dog had bitten three people over three years. She purchased a special extra strength muzzle that she placed over her dog's mouth whenever she and the dog were in the presence of another person.
Maeve got into her car with her dog (which was wearing its muzzle) and drove to Marshall Street to pick up her friend John. Their plan was to go to a restaurant off the SU campus.
Maeve picked up John and was driving her car on her way to the restaurant. John received a text with a photo on his cell. He proceeded to hold his cell phone/photo up but off to the side of Maeve's face as she was driving and he did so so she could glance at the photo . John said "Hey Maeve check out this photo." Maeve knew better than to take her eyes off the road but she glanced at the photo. In doing so she became somewhat distratect. She failed to stop at a red light (in violation of the traffic law) and collided with a city bus that had the green light when it entered the intersection.
On impact with the bus, John was thrown forward and his head hit ton the car dashboard causing a concussion. John had not been wearing a seat belt even though state law imposed a duty on him to wear a seat belt. There was a question/issue as to whether or not John would have gotten a concusion on impact even if he had been wearing a seat belt.
Also on impact with the bus, the dog's muzzle came off. The dog became upset and disoriented as result of the crash and proceed to bite John twice on the leg. The dog bites were treated at the hospital but two weeks after John left the hopstial and infection developed in the wound created by the dog bites. John had been told by his doctor that it was very important that he change his bandages and if he failed to do so his leg wound from the dog bites could become infected. John failed to change his bandages and there was an issue as to whether or not ithe leg wound became infected as a result of John not changing his bandages as he was instructed to do.
John's leg was amputated because of the infection. John, age 21 at the time of the accident, never recovered from the concussion John has sued Maeve. At the time of the accident, John had a job offer from an accounting firm at $100,000 per year but because of his concussion it is pretty certain he will not be able to work for 3 years and he may never be able to work again in any job. What claims and arguments will John make against Maeve? What damages will claim against Maeve? What defenses can Maeve assert as against John's claims? What arguments can she make against John to try to avoid or reduce liabilty and minimize his damages? Set forth the reasoning for your answers to these questions. How do you think the court/jury will rule?