Iara Quintana, Plaintiff-Appellant, was knocked down by a vehicle as she crossed a street that…
Essay: Derdiarian v Felix Contracting Corp
On the other hand, in the case of Brian Quirke, as the plaintiff and the city of Harvey as the defendant, an accident occurred because the traffic lights were not lit. However, although the supplier had switched off the lights, the driver of the jeep that was carrying Quirke did not slow down although he had noticed that the traffic lights were inoperative. Although the fact that the traffic lights were off, was just a condition that could have led to the accident it could not be a proximate cause of the accident. The driver of the vehicle, Michael Cain should have realized that the lights were off and as a result, take actions to ensure that chances of an accident were limited by, for example driving slowly.
However, Derdiarian v Felix Contracting Corp. shows that the driver of the bus acted negligently for he did not take his medication on time and as a result, he caught a seizure while driving. An employee working with Felix Contracting Corp. was hurt in the accident. Since the employees were working along a road and accidents can happen anytime, the defendant should have ensured that its employees were safe from any eventualities. The proximate cause of the injury to the plaintiff was the fact that the engineering company did not put in place measures of ensuring the safety of its employees.
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