Brenda is employed by Leonard, to drive Leonard’s car, as his chauffeur. Brenda suffers from a heart condition about which she has been to see Dr. John on a number of occasions. Dr. John tells Brenda that she is fit to drive and that she does not need to take any pills. Later, whilst driving Leonard, who is hoping to conclude a valuable business contract in Hong Kong, to the airport, Brenda suffers a heart attack, loses control of the car and crashes into Alan. The front bumper of the car is destroyed. Leonard misses his flight to Hong Kong and the business deal falls through. Brenda is traumatised by the accident and suffers post traumatic stress disorder.
Alan’s leg is severely injured in the accident and he is forced to walk with a stick at all times. Whilst out walking at night in his local public park, which is open, but unlit, he slips on a loose paving stone and falls on his bad leg. Dimlittle Borough Council had considered installing lampposts, and had money put aside for this purpose, but in the wake of the depressing recession, decided that this money would be better spent on a piece of inspiring art work in the town centre. His leg is now so badly injured that it has to be amputated. Dr. Dan, who has had little sleep due to long working hours, is so tired that he amputates Alan’s healthy leg. Dr. Dan feels awful about this but feels it is simply more evidence of the problems inevitably caused by staff cutbacks at the hospital. He cannot understand how the local NHS trust could retrench clinical staff when it is under a statutory duty pursuant to the NHS Standards Act 2011* to “promote the physical and mental health of the people of England”.
Claimants-
Leonard –
Pure economic loss, consequential economic loss
Due to Brenda’s accident, and Dr John’s negligence
Brenda –
Psychiatric injury (PTSD), primary victim,
as a result of Dr John’s negligence
Alan –
Leg injury
Due to Brenda’s accident , and Dr John’s negligence
Contributory negligence – shouldn’t have been walking under severe injury
Amputation
Due to breach of occupiers’ duty by Council
What do you reckon people?