Adam is driving down Burbank Blvd. and comes to a stop at a red light when he is rear-ended by Eve, who was not paying attention because she was texting a friend. Adam suffers whiplash injuries to his neck and goes to a physical therapist. His injuries eventually heal, but he has to spend $10,000 on medical bills and misses a month of work and loses $4,000 in wages. What theory of tort liability would Adam sue Eve under? Intentional Tort, Negligence or Strict Liability?
What was Eve’s duty of care at the time of the accident?
What does Adam need to prove to show "but for causation" and "proximate causation"?
How would Adam calculate his damages? What types of things would be included?
If Eve had an auto insurance policy of $15,000, but no other assets, how much Adam likely get?
In what type of court should Adam file his lawsuit (e. g. criminal, civil, district, bankruptcy, circuit court, etc.?) Who would be the plaintiff? The defendant?
Assuming Adam was driving under the influence at the time of the accident. How could Eve use that to her advantage to avoid paying some or all of his damages?