Problem
Approximately one year ago Mr. Drake and his six-year-old grandson, Philip, were walking down a residential road on their way home from visiting one of Philip's friends. Philip was walking on the sidewalk approximately 30 feet in front of Mr. Drake. Suddenly, a car sped past Mr. Drake, seemingly went out of control, jumped the curb, and hit Philip. Mr. Drake ran to Philip's side, but it was too late. Philip had been killed instantly. The driver of the car, Mrs. Wilma Small, was unhurt.
At the time of the accident Mr. Drake's only concern was for the welfare of his grandson, because he himself was clear of the danger. Naturally, Mr. Drake suffered a great deal of emotional pain and shock because of seeing his grandson killed. While being driven home from the accident, he suffered a heart attack that necessitated a lengthy hospital stay.
One year later, he still does not feel completely recovered and often suffers from nightmares reliving the accident and his grandson's death. Mr. Drake would like to sue Mrs. Small to recover for his hospital bills, for his pain and suffering, and for the emotional distress he felt on seeing his grandson killed. After researching the law and gathering additional facts, attorney Harper met with Mr. Drake a second time to discuss their various options, including proceeding with the lawsuit or first trying an alternative method to resolve his case.
• Do you think either mediation or arbitration would be appropriate in Mr. Drake's case? Why or why not?