One morning after working at night Tim Clancy was driving
One morning, after working at night, Tim Clancy was driving a Chevrolet S- 10 pickup truck on State Road 231. Clancy fell asleep at the wheel of the truck. Robert and Dianna Goad, husband and wife, were riding separate motorcycles on the other side of the road. Clancy’s truck crossed the center line of the road and collided with Dianna’s motorcycle. The collision immediately severed Dianna’s leg above the knee, and she was thrown from her motorcycle into a water- filled ditch at the side of the road. Clancy was awakened by the sound of the impact, and the truck veered into the ditch as well. Robert stopped his motorcycle, ran back to the scene of the accident, and held Dianna’s head out of the water- filled ditch. Clancy called 911, and when the paramedics arrived, Dianna was taken to the hospital. Dianna remained in a coma for two weeks. Her leg had to be amputated. In addition, Dianna suffered from a fractured pelvic bone, a fractured left elbow, and a lacerated spleen, which had to be removed. Dianna endured multiple skin graft procedures. At the time of the trial, Dianna had undergone seven surgeries, she had taken more than 6,800 pills, and her medical expenses totaled more than $ 368,000. Furthermore, Dianna’s medical expenses and challenges continue and are expected to continue indefinitely. In addition, Dianna has been fitted with a C- leg, a computerized prosthetic leg. A C- leg needs to be replaced every three to five years, at full cost. Dianna sued Clancy to recover damages based on his negligence. Has Clancy been negligent? If so, what amount of damages should be awarded to Dianna? Clancy v. Goad, 858 N. E. 2d 653, 2006 Ind. App. Lexis 2576 (Court of Appeals of Indiana, 2006)
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