Thompson operated an ice cream truck owned by Smith Foods Ltd. During the summer months, Thompson travelled throughout the residential areas of a large city, selling ice-cream products. Thompson’s principal customers were children, and Thompson would drive along the street ringing a series of bells attached to his truck to signal his arrival in the area.

Summary:

Chapter 5 Case 4 Pg. 114

Thompson operated an ice cream truck owned by Smith Foods Ltd. During the summer months, Thompson travelled throughout the residential areas of a large city, selling ice-cream products.  Thompson’s principal customers were children, and Thompson would drive along the street ringing a series of bells attached to his truck to signal his arrival in the area.

Alberta, a five-year-old child, and her brother were regular customers of Thompson.  On the day in question, the two children heard the bells that signalled the approach of Thompson’s ice-cream truck. Martha, Alberta’s mother, was talking to her husband on the telephone at the moment that the ice cream truck arrived.  In response to the cries of her two small children for money to buy ice cream, she gave them enough money to buy an ice cream bar each.  The children ran across the street to where the truck was parked, and each ordered a different ice cream product. Thompson served Alberta first, and then turned to serve her brother.  At that instant, Alberta ran into the street, with the intention of returning home, and was struck by a car driven by Donaldson.

Alberta was seriously injured as a result of the accident and an action damages was brought Thompson, the operator of the ice-cream truck, Smith Foods Ltd., the owner of the truck, and Donaldson, the owner and driver of the the automobile.

Discuss the basis of the action on Alberta’s behalf against the owners and drivers of the vehicles, and determine the basis of the liability of each party under the law of torts.  Render a Decision

Please Use your own words.

Do not copy and paste from the textbook.  This is meant to be in your own words.