Mary Potts, Jamie her 10-year-old son, her nephew Keith and sister Silvia, set out for a family
Question:
Mary Potts, Jamie her 10-year-old son, her nephew Keith and sister Silvia, set out for a family sliding trip. Mary was driving over some icy patches, when the driver behind her, Don Doherty, bumped into the rear of her car. The impact was minor and no one was hurt.
Mary pulled off to the side of the road, and Doherty pulled in behind her. They stood by the side of the road, exchanging insurance and registration information. As Mary was walking back to get in the car, a 1960 Chevrolet pickup truck, driven by Thomas, came up behind her at a high speed and hit Mary and Don, throwing them high into the air and into an ice field. Jamie and Keith watched in horror from the front seat of their car, as Mary and Don flew head over heels and then lay motionless in the field. Silvia did not see the collision, she was looking in the glove compartment for the car's registration form, but she heard the car hit Mary and Don, the screams and the thud as they hit the ground.
Jamie is now in a psych ward because he will not talk or eat. Keith blames his parents because they did not want to go sledding and will not talk to them and is having nightmares. Silvia cannot drive and is scared of pickup trucks screaming every time she sees one go down the street.
Jamie, Keith and Silvia all file civil actions against Thomas for NIED. Using IRAC
Discuss the merits of each individual's case and likely result against Thomas for NIED.
Management Accounting
ISBN: 9780077185534
6th Edition
Authors: Will Seal, Carsten Rohde, Ray Garrison, Eric Noreen