Deb is driving her car when it is involved in an accident with a car driven by Abe. A few moments after the first crash, a car driven by Ann hits the two cars disabled from the first crash.
Cal, a passenger in Abe’s car has a minor injury to his head from the first crash but serious injury to his knees and legs from Ann’s subsequent driving into the first crash. Cal is taken to the hospital where Doctor informs him, correctly, that he will lose both legs unless he consents to an immediate particular type of surgery which may save his legs. Doctor does not inform Cal that this type of surgery, if successful, will mean that his repaired knees will need artificial replacements within the next fifteen years. Cal, not knowing about the risk of knee replacement, agrees to the surgery, which Doctor performs but is not successful in saving his legs. Cal can never walk again. Also, Doctor accidentally leaves a metal clamp inside Cal’s leg after sewing the leg up. This clamp causes great pain until it is discovered and removed.
Cal comes to your law office to determine what his legal rights are and who may be liable for his injuries.
After reviewing the facts and researching the applicable law, you should address the following in your research paper:
Identify who Cal can sue and explain why.
Identify the torts that will be the basis for the lawsuits and explain why.
Find statutory and case law that supports Cal’s position in each of the possible lawsuits you have identified and cite authority where appropriate.