Case

Eddie Employer hired Dave Driver to fix plumbing issues for his clients. Before Dave was allowed to begin the job, Eddie required Dave to submit to a physical examination performed by Ms. Doctor. Ms. Doctor examined Dave and discovered that he had a medical condition that caused him to pass out, and that Dave had on several prior occasions passed out behind the wheel while driving. Dave begged Ms. Doctor to keep his medical condition a secret from Eddie because he was desperate to keep the job and really needed the money. Ms. Doctor reluctantly agreed and failed to disclose the medical condition in the physical examination report she sent to Eddie. Ms. Doctor provided a letter accompanying the report that stated that Dave was fit for employment as a full-time driver. Dave then started working for Eddie. One month into the job Dave passed out behind the wheel and struck Patty Pedestrian who was “jay walking” across the street and who had failed to look both ways before crossing. Patty suffered a broken arm as a result. Patty was then rushed to the hospital in an ambulance. As the ambulance was approaching a railroad crossing, the safety crossing lights malfunctioned and the ambulance was struck by an oncoming freight train. The impact caused Patty serious head injury resulting in permanent blindness.

Patty files a lawsuit for the damages based on negligence against Dave and Ms. Doctor as a result of the injuries she sustained in the accident, namely: (1) the broken arm; and (2) head injury resulting in permanent blindness.

1. Please discuss if Patty will be successful against:

a) Dave

b) Ms. Doctor

2. Please discuss any applicable defenses that any of the defendants can raise and the facts supporting each defense. Please indicate in your answer which defendant is raising that defense.