Cause Of Injustice In Cal's Case

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In Cal’s case, on determining who he can file a lawsuit against and who would be liable for his injuries would be first be Anne. Anne goes first because she was the one that made the final impact and that incident was the one that cause Cal to loose both of his legs. So Cal can sue Anne, for being the reason he can’t walk now. Even though Cal was in a car accident minutes before that didn’t cause his legs just minor injuries. Anne would be liable for any and all expenses, any pain and suffering and also if the incident made him loose income from the injury. Secondly, he can sue the doctor. He can sue the doctor because he left a piece of metal that caused Cal a great amount of pain until it was discovered and removed. This is called medical malpractice. In Florida there is a legal concept called Res Ipsa Loquitor meaning speaks for itself.
When the doctor left the piece of metal in his leg, and then had removed it is proof that the doctor breached his legal duty. There is causation because doctor instead of making Cal feels less pain, does the complete opposite. Also he can sue Abe, for minor injuries to his head and for being the cause of the first accident. It was Abe duty, to safely transport Cal. Like Abe, was driving it …show more content…

Under proximate cause, the cause of the injuries must have been foreseeable by the defendant. For strict liability it would be used because of automatic responsibility without having to prove negligence for damages. This is for the doctor, since he was performing the surgery and caused more problems and pain to Cal. Here in Florida, statue 768.81 for negligence, Medical malpractice (what the doctor did).Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical malpractice, whether in contract or tort. In a negligence action, the court shall enter judgment against each party liable

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