Law of Torts Assignment
Watch the following video from YouTube at https://www.youtube.com/watch?v=fujNjdtqwl4
You will need to cut and paste the URL in to your browser.
In the video clip you will see an on-field incident where a Roma Cities player (Tom Taylor) jumped on the head of a St George player (Lenny Cullenin) in the Roma &District League competition in Queensland Rugby League.
Lenny advised that he had taken the ball out of the scrum and was running with the ball toward the touch line when he was tackled to the ground by an opposition player (wearing the number 4 jersey). Another opposition player (wearing the number 8 jersey and who was subsequently identified as Tom Taylor) then deliberately jumped on his head while he was prone on the ground.
The injury to Lenny has caused him permanent brain damage that has left him with 80 per cent brain function. The MRI scans revealed Lenny's brain shook from side to side at the time of impact.
Doctor's reports claim Lenny has suffered the same traumatic brain injury as Formula One driver Jules Bianchi, who was killed in a high speed race crash in 2015.
For your information, it is estimated that Lenny could lose between $5-10 million in earnings as he has had to give up his $90,000-a-year job as a financial adviser. He will also have lifelong medical expenses. You don't need to address the issue of quantum though.
Lenny has come to you for pro bono advice on whether he has a legal claim against anyone.
What you need to do:
1. Prepare a client letter advising Lenny (in no more than 500 words):
a. whether a cause of action exists and what area of law may apply;
b. who could be potential defendants in such an action; and
c. what you think his chances of success could be, explaining why.
This is only an initial letter of advice, so keep it simple and to the point.
2. Prepare a brief (supporting documentation does not need to be provided) for counsel seeking their opinion on whether the facts set out in the video and subsequent conversation with Lenny could found an action in tortin no more than 1500 words.
In your letter to counsel:
a. set out what you believe to be an appropriate cause of action/s;
b. what would have to be proved; and
c. what defence/s might be raised.
In your letter, cite any relevant cases and legislation that could be relied on or would need to be distinguished, or which could act as a bar to a claim by Lenny.