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Avoid the Hustle


Category: Law

Mr Martin has given to you the file of Selma King (aged 32 years). You read the file and ascertain the following: On the 25th March 2013 at approximately 3.35pm, Selma had been returning from a very important march and was on her way to collect her 6 year old daughter from Montgomery Primary School. As she crossed Coretta Road (the road just in front of Montgomery Primary School), she was hit by a Ford Escort car. The car knocked her flying, then crashing into a parked car and then a lamp post. The driver of the car was Jim Clark (aged 44 years). Jim Clark’s wife: Maud (aged 46 years) was a passenger in her husband’s car.

Ambulances and the police were called to the scene. Jim Clark received a blow to the face sustaining a black eye and a bruised and swollen forehead. Maud Clark was more seriously hurt as she sustained injuries that required the removal of her womb rendering her infertile. Selma was pregnant at the time of the accident but lost the baby and has also been told she can no longer have any more children as a result of the accident. Selma has said she has become extremely depressed as a result of the accident and cries every time she sees a baby.

There were a number of witnesses to the accident as it occurred when many parents had already just collected their children from school. Mrs A said Selma had crossed the road in front of a parked white van when the Ford Escort came from Selma’s right and hit her. Mr B said he was on the opposite side of the road when the Ford Escort passed him and it seemed to him that the driver lost control before hitting Selma. Ms C (who was with Mr B), said the driver was arguing with the passenger just before the accident. Mr Clark was found guilty of driving with faulty brakes contrary to the Road Traffic Act 1988. Neither party is admitting liability. Mr and Mrs Clark have said Selma caused the accident as she stepped out into the road in front of them and the accident happened when Mr Clark tried to avoid her. Mr Martin has told you to get the file ready for issuing proceedings on behalf of Selma.

Prepare a report on this file giving full details of the matters you will need to have regard to (ensure you include the relevant statutory provisions and case examples in your answer).