David was riding his bicycle very fast on the sidewalk instead of the street. While doing so he almost collides with Nancy. To avoid being struck, Nancy throws herself out into the street. Nancy is not injured by the impact with the street. However, before Nancy can get up from the street, she is struck by Patricia, who is driving her car too fast and not paying attention to the road. Nancy's leg is seriously injured. Nancy chooses to bring a lawsuit against David. a. Will David be found liable? David plays a factor in this case if the lawsuit is brought against him. His action did not produce the outcome of the amount of damages suffered if only brought up against him. b. Will Nancy be able to recover an award for her damages and injuries? She could have the ability to recover damages for nominal damages because his negligence and failure to use the last chance to avoid putting the plaintiff in a dangerous situation. Nancy chooses to bring a lawsuit against Patricia: a. Will Patricia be found liable? Patricia will be found liable because she breached the duty of reasonable care. As a driver of a vehicle, she has a duty to be vigilant and follow the rules made to protect both her and others, she would have failed the reasonable person’s test. b. Will Nancy be able to recover an award for her damages and injuries? She will be able to recover economic damages for her medical bills and damages for her pain and suffering which is better known as non-economic damages.