Emman hired Diamond to operate “food panda services”. Before allowing Diamond to deliver the food on a motocyle, Emman checked Diamond’s prior job references, required Diamond to undergo a physical examination by a medical doctor, and provided Diamond with extensive training in motor vehicle safety. Aloff, the medical doctor who examined Diamond, discovered that Diamond had a sleeping disorder that caused Diamond to spontaneously fall asleep and that Diamond had, on several occasions fallen asleep, while driving.
Diamond pleaded with Aloff not to inform Emman of the sleeping disorder. Aloff agreed, and omitted this information from the physical examination form that he sent to Emman. Aloff also sent a letter to Emman assuring Emman that Diamond was “in all respects fit for employment as a delivery provider.” Emman then provided Diamond with a daily delivery route and paid him a monthly salary.
While Diamond was making deliveries for Emman, the motorcyle left the road as Diamond fell asleep and struck Panca who was standing on the curb, who suffered severe injuries as a result.
Panca filed a lawsuit for damages as a result of the injuries sustained in the accident against Diamond, Emman and Aloff.
1. Can Panca prevail under the doctrine of res ipsa loquitur concerning Diamond’s alleged negligence? Discuss.
2. What arguments will Panca likely make in support of his claims of negligence, also what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Panca against:
a. Emman? Discuss.
b. Aloff? Discuss.
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