Question

Jurgen, a plumber, received a call from Pep, a contractor, who asked Jurgen to install pipes in a house that Pep was building in Riverdale, New York. Jurgen drove his van to Eugene’s Building Supply Shop and purchased 20 large copper pipes (approximately 24 inches in diameter.) He also purchased a brand-new ACME brand electric drill. Jurgen put the drill on the floor of the passenger side of the van and loaded the pipes in to the back of the van. As he was loading the van, Jurgen’s cell phone rang. He answered the call while he continued to close the doors of the van. Distracted by the phone call, Jurgen carelessly failed to close the backdoor completely. As Jurgen as driving to the construction site, he drove up a steep hill. The sharp angle of the road caused the back doors of the van to fly wide open. Several pipes then rolled out of the van and onto the road directly behind the van. Lee was riding his motorcycle (while complying with all traffic laws) immediately behind the van. When Lee saw the pipe rolling towards him, he swerved his motorcycle to the right and crashed into the curb of the sidewalk. Lee flew off his motorcycle and landed on Yvette, a pedestrian. Lee broke his arm and Yvette suffered a concussion.

(1) Can Lee recover from Jurgen for his injuries? Explain fully.

(2) Can Yvette recover from Jurgen for her concussion? Explain fully.

Answer 1

1. Yes, Lee can recover from Jurgen as he was following all the traffic laws and defaulter was Jurgen who had carelessly filled all the items in the car with the back door open. This is the violation of the traffic rules clearly. If Jurgen was having a third party insurance cover in his motor insurance then the company will pay for the losses which are incurred to Lee. If he was not having an insurance then it was another law that is violated under the traffic law. In this case, Junger will have to pay the penalty for the violation of the traffic law, and also he will have to pay for the loss which Lee has faced. In both the scenario, Lee has the right to recover from Jurgen for his injuries.

2. Yes, Yvette can also recover from Jurgen for her concussion. This is also covered under the third party insurance cover. In this case, she was suffering from a concussion due to the violation of the traffic rules by Jurgen. So, she will also be eligible to get the claims for her concussion.