Question: On November 1, 2020 Jane had left knee replacement surgery. Jane is a 68 year old retired nurse. On November 15, 2020 Jane was driving
On November 1, 2020 Jane had left knee replacement surgery. Jane is a 68 year old retired nurse. On November 15, 2020 Jane was driving to her physical therapy appointment. She was running late so while driving she was texting the physical therapists office to let them know she was going to be late. While she was texting she did not notice that the signal light at the approaching intersection had turned red. As she entered the intersection on the red she collided with Dan, who had entered the intersection on a green light. Witnesses saw Jane texting and saw her enter the intersection and honked their horn to warn Dan but Dan, who is 86 years old and very hard of hearing, was unable to hear the honking. On July 22, 2020 Dans license had expired. Jane, who was driving her new 2020 GMC pickup slammed into Dans 2013 Honda Accord and totaled it. Witnesses called 911. Dan excited his car bleeding from his head and was holding his left arm. Jane excited her truck without any injuries. Dan appeared dazed and confused as he looked at his Honda Accord. When he saw Jane talking on her cell phone he proceeded towards her yelling obscenities at her. When Dan got within five feet of Jane he raised his right arm and took a swing at her head; Jane heard someone yelling and looked up and saw Dans fist about to hit her; she ducked away and was not hit by Dan. However, when Dan missed hitting Jane he tripped and fell on her left knee and Jane fell to the ground and cried out in excruciating pain, oh no, you have dislocated my new left kneeyou demented old jerk; the ambulances came and took both Dan and Jane to the hospital. Several hours later the ER doctor told Dan that he had suffered a serious concussion, a broken left arm, a dislocated left ankle anda deep cut to his head; that he had lost much blood and would need a blood transfusion. Another ER doctor told Jane that she had indeed dislocated her new left knee and would need emergency left knee replacement surgery. I. Dan sues Jane. What civil tort or torts will Dan sue for? What type of damages should Dan seek? What are Janes defenses, if any? Would Alternative Dispute Resolution help Jane in this lawsuit? Fully discuss your answer. Your answer should be at least three double spaced pages. This section is worth 25 points. II. Jane sues Dan. What civil tort or torts will Jane sue for? What type of damages should Jane seek? What defenses will Dan assert? Would ADR help Dan in this lawsuit?
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
