Paula is interested in buying a house. She stops by the offices of Properties of Beverley (POB) just as they are closing for the day. Charles, who is an estate agent employed by POB, offers to show Paula a few houses after close of business, even though doing so after close of business is strictly forbidden by POB.
After driving by a couple of houses that are on the market, Charles stops at a pub where he and Paula both have a few drinks. Charles offers to drive Paula home, and Paula accepts.
While driving down a dark road with his headlights on, Charles takes his eyes off the road and turns to talk to Paula. In doing so, he fails to notice Harry. Harry, who is dressed in black, is talking on his mobile telephone while crossing the road to reach the bus stop on the other side of the road. Charles slams on his brakes, but hits Harry, which breaks Harry’s leg.
Paula, who was not wearing her seatbelt, is thrown forward, and hits her head.
At Beverley Hospital, the doctors put a cast on Harry’s leg, admitted him to the hospital for the night, and told him to stay in bed. However, Harry left his room and limped up the stairs to the roof of the hospital to smoke a cigarette. Due to his own carelessness, Harry stumbled, fell from the roof, and broke both of his arms.
Paula was diagnosed with a concussion at Beverley Hospital by Dr Fred Fowler, but Dr Fowler, who was in a hurry to get home, forgot to order a routine CT scan that is standard procedure in cases of suspected concussion. The next day, Paula was released from the hospital. A few days later, Paula collapsed and died.
It turns out that Paula had a pre-existing condition that made her susceptible to bleeding on the brain. This condition could have been diagnosed if a CT scan had been performed. However, the experts differ on whether the bleeding, and resultant death, could have been prevented even if the condition had been diagnosed.
Discuss any possible actions in tort including any relevant defences. You do not need to discuss damages.
