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  • Essay / Neglect Case Essay - 1096

    Dwayne and Felix failed in their duty to comply with the voluntary commitment to the best of their ability by leaving Vicky alone after they began administering aid and knew that she had suffered an injury. Because they failed to wait until Vicky was properly attended to by emergency personnel and left her on the side of the road after calling 911 for the ambulance, they failed in their duty. Res Ipsa Loquitor Doctrine: Vicky could argue for a res ipsa jury instruction, but it is unlikely to be granted because she would be able to prove two of the three necessary elements. Actual Cause - Multiple Necessary Causes: Without the agreement of Felix and Dwayne moving Vicky and Dwayne dropping Vicky, the shoulder and rotator cuff injuries would not have occurred. The actions of Dwayne and Felix moving Vicky's body together were multiple necessary causes of the injury. Immediate Cause: Shoulder and rotator cuff injuries were among the risks that led us to determine that Vicky's body fall was a breach. Because Dwayne dropped Vicky, Dwayne's falling of Vicky's body immediately caused the injuries sustained. FĂ©lix's carrying of the body was a cause in fact but not the immediate cause of Vicky's injuries.