Help, with Business Law Assignment - Law of TortsWatch
My questions are what is the structure for writing tort cases and probably can you give any advices on what cases that I could use as reference regarding this case as below :
"Emmanuel was in need for a staff to operate as a driver for delivery van. He met with Desmond who applied to his company later on. In order to work properly Desmond was given an excessive training in motor vehicle safety as well as having to do a physical checkup whether he was fit to work or not.
Later on, test results revealed that Desmond was suffering from Sleep Disorder and when interrogated by the doctor, Alex, Desmond replied by yes that he has had a few cases in which he fell asleep while driving. Due to that, Alex was unsure whether he must gave a yes or no, but since Desmond pleaded that the company mustn't know about it and he needed a job so badly, the doctor felt pity and give it a go. Alex gave him a pass on his test results and made a recommendation letter to Emmanuel that he was fit to work.
After that, Emmanuel then provided Desmond with monthly salary and a delivery route. During Desmond's delivery, he fell asleep and hit a pedestrian named Paul while walking along the curb. Paul was severely injured and wanted to file a lawsuit against all the parties involved, including Desmond, Emmanuel the employer, and Alex the doctor."
Question : who will likely be the winner in this case and who can be sued ?
I knew who was wrong in the case already but it's just to get the right case references and how to recite it might need some help.. Please don't call me lazy, I'm just confused where to start
Note : ( Please correct me if I am wrong )
1) Alex was wrong because he gave the permission / recommendation letter for him to work despite of knowing / fully aware of Desmond's condition which is not eligible for working in his section and that will likely increase the risk of occurring an accident that will endanger himself, the company's property, and the other driver / pedestrian.
2) Emmanuel was wrong too for accepting him to work in the first place, but he was misguided by the doctor's letter. At this part, I don't really get it whether he is involved or not.
After doing some research, I found out that it is stated, whenever an employee was on duty, especially while driving / making delivery, the employer and the employee who was driving and the owner of the car is involved in the case. Please correct me if I am wrong..
3) Desmond was the main core of why it all happen at the first place.
4) Paul was not at fault at all because he was walking down along the curb as normal pedestrian do but suddenly got rammed by a car and suffered severe injuries.
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