Torts Keyed to Epsteinback
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A man was negligently driving down the road, not paying attention to where he was going. Because of this, he hit and seriously injured a pedestrian who was lawfully crossing the street. The accident was witnessed by a friend of the woman who was standing on the sidewalk. The friend suffered extreme emotional distress that physically affected her nervous system. The friend brings suit against the driver for negligent infliction of emotional distress in a jurisdiction that has adopted the majority approach in bystander cases.
The friend will:CorrectIncorrect
A woman took her car in for scheduled maintenance. The mechanic certified that the car was in perfect working order. Later that day, the woman was driving beyond the posted speed limit when her brakes failed, causing her car to strike a pedestrian.
If the pedestrian brings an action against the mechanic who certified the woman’s car as operable, what will be the probable outcome?CorrectIncorrect
On October 1, 2001, a patient had his appendix removed by a doctor at the hospital. Three days after the operation, the doctor told the patient to rest, drink plenty of water, eat lots of ice cream, and go home. On October 1, 2002, the patient visited the doctor and complained that ever since the operation he felt a sharp pain in his stomach. “Oh, I wouldn’t worry about it,” said the doctor. The patient moved 100 miles away and never saw the doctor again. The pain did subside, and he completely forgot about it until October 15, 2006. That was the date when the patient went to another doctor for a routine check-up. An X-ray showed that the patient had been carrying a surgical tool in his abdominal cavity. The patient brought an action against the doctor, who moved to dismiss the case due to the statute of limitations. The jurisdiction where the surgery was performed allows five years to commence a malpractice action and follows the majority position as to when the statute begins to run.
Which of the following statements is the best answer?CorrectIncorrect
A seven-year-old boy was nervous and full of aggression. The boy’s father, a psychiatrist, encouraged the boy to vent his anger. “If someone or something bothers you, let them have it,” the boy was told by his father. The boy followed his father’s advice, wrecking property and bruising his friends on several occasions. One day, the boy was in an especially bad mood because he had struck out four times in his little league baseball game. He smashed two large window panes of a bank while walking home. “Why did you do that?” asked the boy’s best friend. The boy proceeded to break four of his best friend’s front teeth.
If the bank asserts a claim against the boy’s parents, is the bank likely to prevail?CorrectIncorrect
A fifteen-year-old girl was staying at a neighbor’s house for a week while her parents were away on vacation. She went back to her own house after school one day and took the keys to her father’s car. The minimum legal driving age of the state in which the girl lives is sixteen. The girl opened the garage door, got behind the wheel of her father’s new sports car, started the engine, and cruised over to a local strip of road perfect for drag racing. The girl revved her engine, floored the accelerator, and within seconds reached a speed of ninety miles per hour. She watched with amazement as the speedometer’s needle disappeared. The girl’s town had enacted a statute prohibiting people from driving in excess of sixty miles per hour on any of its roads.
The girl did not slow down as she approached a railroad crossing. She knew that the crossing was equipped with flashing lights that signaled whenever a train was passing. No lights were flashing as the girl approached the tracks. The lights had malfunctioned. The girl drove across the tracks while a train was rapidly plowing through. The train struck the back of the girl’s car. The tiny sports car flipped over three times. The girl emerged remarkably with only minor cuts and bruises, but she was a hemophiliac and bled to death from her apparently minor cuts. Her estate filed suit against the company that was the owner of the train, track, and signal lights. Subsequent investigation showed that the signal had been malfunctioning for three weeks.
Assume for this question only that the railroad company is found liable for the girl’s injuries. Will the railroad company also be held responsible for the girl’s death?CorrectIncorrect
A customer thanked the garage for repairing his car’s steering column, paid him, and drove away. The garage forgot to tell the customer that he had not found time to repair the car. The customer saw an employee, one of the garage’s mechanics, walking home, and offered him a ride. Employee knew that the customer’s car had not been repaired. He also knew that the customer thought it had been fixed, but he kept this information to himself because the employee and the customer were good friends, and the employee didn’t want to ruin the customer’s day.
It was a beautiful spring day. The customer was driving with his windows open, well within the speed limit, casually appreciating the smell of the early evening air, when a driver opened the door of her parked car. She had seen the customer’s car approaching, but reasoned that, if she moved quickly, she could close her door in plenty of time. The customer tried to swerve out of the way of the open door, but his wheel locked because of the malfunctioning steering column. Both an employee and the customer were seriously injured. Had the steering column been repaired, the collision could have been avoided.
If the customer brings suit against the driver, is he likely to prevail?CorrectIncorrect
A manufacturer makes a home coffee maker. A retailer purchased several hundred coffee makers under an arrangement whereby the retailer was responsible for shipping the merchandise from the manufacturer’s factory to his stores.
While loaded with coffee makers, one of the retailer’s trucks skidded on a highway and careened into a guardrail. The appliances were thrown about the truck, toward the front of the cargo area.
A consumer purchased a coffee maker from the retailer at a reduced price because the box was damaged. The consumer had no reason to assume the appliance inside was damaged as well. A guest at the consumer’s home turned on the coffee maker to make a cup of coffee in the morning. The machine exploded. The guest suffered third-degree burns on his face. The explosion was caused by a defect created in the truck’s accident.
Will the guest prevail in an action for her injuries against the consumer?CorrectIncorrect
A college student borrowed his roommate’s electric razor. The roommate forgot to warn the student to ground the razor since the razor had some bare wires inside of it that were not visible to the casual user. The student received a severe shock while shaving, causing permanent paralysis in his right arm. If the student asserts a claim against the roommate, he will most likely:CorrectIncorrect
A developer was the developer of a seventy-story luxury condominium complex in a city. She hired a builder, an independent contractor, to build the steel frame of the building. The builder was given carte blanche from the developer to handle all technical matters concerning the construction of this frame.
A week after the frame was completed and the developer had paid the builder, a steel girder fell from the top floor. The end of the girder fell on the building inspector, and caused him severe leg injuries.
The inspector brought suit against both the developer and the builder, who both admit that the girder fell because the builder had not followed the standard procedures of the construction industry in building the frame.
In the suit brought by the inspector against the builder, the builder’s best argument is that:CorrectIncorrect