Question: After working a 1 0 - hour night shift, Tim Clancy drove on State Road 2 3 1 and fell asleep at the wheel of
After working a hour night shift, Tim Clancy drove on State Road and fell asleep at the wheel of his truck. Robert and Dianna Goad 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 waterfilled ditch at the side of the road. Dianna was in a coma for two weeks, and her leg had to be amputated. Is Tim liable?
Yes, he had a duty to drive as a reasonably person and he breached that standard of care by knowingly driving without sufficient rest.
No there was no evidence of negligence per se because it is not a crime to drive tired.
Yes, he is liable for assault, battery and the intentional infliction of emotional distress.
No Tim was not the proximate cause of the crash because is not foreseeable that he would fall asleep at the wheel and that someone else would be on the road.
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