Natasha and Rodney Collins are a married couple. They have been married for two years and recently Rodney purchased a new automobile as their family car. His name is listed solely on the title of the car as the owner. Natasha drives the car routinely though to run errands. Her husband warns her when she is driving not to text or take funny videos which she likes to upload to social media. She is notorious for using her phone while driving.One afternoon, she was running an errand to her local grocery store when she rear ended the car in front of her while she was going 45 miles per hour. Marco Polo was the driver of the other car (that she hit), and he suffered whiplash and his right leg was badly broken.Natasha's Facebook account shows that she posted a picture on facebook of herself driving her car with a funny face approximately 1 minute prior to her accident. She also sent several text messages within the last 7 minutes prior to her accident.Marco is taken to the hospital where the Doctor informs him, correctly, that he will lose his right left unless he consents to an immediate particular type of surgery which may save his leg.  The Doctor does not inform Marco that this type of surgery, if successful, will mean that his repaired knee in his right leg will need an artificial replacement within the next twelve years. Marco, not knowing about the risk of knee replacement, agrees to the surgery, which the Doctor performs and is successful in saving his badly broken leg. However, the Doctor accidentally leaves a small metal clamp inside Marco's leg after sewing the leg up. This clamp causes great pain until it is discovered and removed.Marco comes to your law office to determine what his legal rights are and who may be liable for his injuries.

After reviewing the facts and researching the applicable law, you should address the following in your Memorandum of Law:

Identify who Marco can sue and explain why. Identify the torts that will be the basis for the lawsuits and explain why. (Vicarious Liability, Lack of Consent and Negligence issues are all at play in this fact situation).

When negligence is involved please identity whether the elements of negligence are present in each negligence situation. Apply the facts to those elements.

Find statutory and case law that supports Marco's position in each of the possible lawsuits you have identified and cite authority where appropriate.

Answer rating: 100% (QA)

Marco can only sue the doctor that performed his surgery Stepbystep explanation i The clam p which causes the pain that Marco feels is directly as a result of the surgery that he underwent ii The prox... View the full answer