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MMLU / A truck driver negligently changed lanes on the highway without checking to see…

Problem

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question

A truck driver negligently changed lanes on the highway without checking to see if it was clear to do so. As a result, a car that was next to the truck was forced off the highway and crashed into a concrete barrier along the roadway. The driver of the car suffered a broken leg. An ambulance arrived and rushed her to the hospital. A doctor there examined the broken leg and ordered X-rays to be taken. The doctor carelessly misread the X-rays and set the broken bone improperly. As a result of the doctor's negligence, the driver's leg never healed completely, and the driver was left with a significant impairment of the use of her leg. If the driver of the car brings a negligence action against the driver of the truck, the most likely result is

choices

  1. the truck driver will not be liable for any damages, because the doctor's negligence constituted a superseding cause that relieved the truck driver of liability.
  2. the truck driver will be liable for the harm suffered by the plaintiff when her car crashed, but not the additional or enhanced harm resulting from the doctor's careless mistake.
  3. the truck driver will be liable only if his negligence is regarded by the jury as being more severe than the doctor's negligence.
  4. the truck driver will be liable for all the harm suffered by the plaintiff, although the doctor may be liable to some extent, as well.

subject

professional_law

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Source and history

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