Torts Keyed to Epsteinback
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A patient complaining of pain in his side underwent a physical exam and X-rays, which showed that the patient had a small surgeon’s clamp lodged in his left side. It had been left in the patient during an operation nine years previously. The patient brought an action against the hospital and the surgeon who operated on him, alleging negligence.
The hospital and the surgeon filed a general denial and a special affirmative defense alleging that the statute of limitations is a bar to the action. Recovery for negligence in the jurisdiction is limited to two years. The patient’s attorney makes a motion to strike the special affirmative defense.
The motion should be:CorrectIncorrect
A doctor is a surgeon in a very small town. In a routine operation, the doctor removed a victim’s gallbladder, but left a pair of scissors in the victim’s abdomen. The doctor admitted he left the scissors in and offered to remove them for free. The victim filed suit against the doctor for negligence.
Besides proving negligence, to recover the victim must also prove that:CorrectIncorrect
A driver decided to take his brand new car out for a spin. He had just bought it yesterday, brand new from a dealership. As he came upon a stop light, he tried to break, but the breaks failed and he rear-ended a hockey fan, who was on his way to the game.
The two exchanged insurance information, and despite the fact that the hockey fan’s neck and back were sore, he continued on to the game. While at the game, he slipped and fell on a puddle of beer. That fall caused him to break his back and be paralyzed.
If the hockey fan sues the hockey arena for negligence, what effect will the previous accident have on his recovery?CorrectIncorrect