A lawsuit was brought against Tim Clancy by Dianna Goad to recover damages from Clancy’s alleged negligence. While driving, Clancy fell asleep behind the wheel of his pickup truck, crossed the dividing line toward oncoming traffic, and collided with Dianna Goad and her motorcycle (Cheeseman, 2016). This accident severed Dianna’s leg above the knee, caused her to remain in a coma for two weeks, and cost her $368,000 in medical expenses alone (Cheeseman, 2016). In order to determine if Clancy was negligent, one must prove that Clancy owed and breached the duty of care, damages/injuries, and that Clancy was the actual cause (Cheeseman, 2016).
Goad must be successful in proving Clancy’s negligence; otherwise, the case will be dismissed. According