Question: QUESTION Nora is a trainee solicitor. She has recently joined a firm where she has been working long hours trying to impress the partners and
QUESTION Nora is a trainee solicitor. She has recently joined a firm where she has been working long hours trying to impress the partners and secure a permanent position once she is qualified. She has been under some significant stress lately, and she has just passed her driving test after two failed attempts. One lunchtime Nora received a call from her mother saying she felt very unwell. Nora panicked and drove recklessly to her mothers house which was five minutes away in a speed limit zone of 30mph. At a large roundabout outside a petrol station, Nora did not stop, she failed to give way and instead continued straight through, driving at a speed of 45mph. Nora failed to give way to Jacob who was already driving across the roundabout. Nora drove directly into the passenger side of Jacobs car where his best friend Austen was sitting. As a result of Nora driving directly into Jacobs car, Jacobs vehicle was pushed forward into Davids You Bacon me Crazy food truck which was also on the roundabout. Davids food truck then knocked into Claudias Mini Cooper which was exiting the roundabout. Jill, Jacobs wife, and her work colleague, Joan, witnessed the whole accident whilst waiting to be collected at the petrol station. Upon impact with Jacobs car, the passenger window smashed causing lacerations to Austens face. The impact of the collision also broke Austens leg and arm. Austen was a full-time model, and as a result of the accident and injuries to his face, lost a contract with an American Fashion designer Calvin Klein worth 25,000. Claudia suffers from a rare brittle bone disease and the impact of the car collision caused her to break all of her limbs. David escaped without injury, but damage was done to his food truck which cost 2000 to repair, and he lost an estimated 3000 in profits from a planned food festival that weekend. Jacob was jolted badly in the accident, breaking his wrists, and hitting his head multiple times. He had no other obvious injuries but complained of a headache. Jill and Joan were both so horrified and shocked at the severity of the accident, they assumed those involved had been seriously injured or died. Both Jill and Joan suffered post-traumatic stress disorder as a result. Mohammad was filling his car at the petrol station when the accident happened. Jill ran to him crying and screaming asking him for his help. Although Mohammed was trained in first aid, he refused to help. Instead, he pushed Jill out of his way so he could go into the garage and pay for his fuel. Immediately after the accident, Jacob went to St James University Hospital A&E (Leeds Teaching Hospitals NHS Trust) to be assessed. Upon arrival he spoke to the receptionist and explained he had been in a car accident, suffered several blows to the head, his wrists were hurting and had a headache which was worsening. The receptionist was more concerned with how the accident occurred and asked whether he was speeding at the time. She then told him that a suspected broken wrist was not an emergency, and he would have to wait at least 5 or 6 hours before he would be seen. The receptionist was stressed and lied to Jacob as A&E was so busy, she just wanted patients to leave. She knew that Jacob would have been seen within twenty minutes because he had complained of a head injury. Jacob waited for 18 minutes but felt so unwell that he decided he could not wait the expected 5 or 6 hours and wanted to go home to be with his wife, Jill. Two hours later his symptoms worsened, and he phoned an ambulance where he was taken back to St James University Hospital where a CT scan identified a large extradural haematoma with a marked midline shift. He underwent an urgent operation, Jacob suffered permanent brain damage which would have been avoided if the haematoma were diagnosed earlier that evening. An x-ray also confirmed both wrists, and thumbs were broken. Discuss the possible tort claims that arise from this scenario and whether the various losses are likely to be recoverable.
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