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chapter 8 please solve these cases for me please 7. AwomanisinjuredwhileridinganATV(all- terrain vehicle) she borrowed from a friend. She is hospitalized for her injuries, during

chapter 8

please solve these cases for me please

7. AwomanisinjuredwhileridinganATV(all- terrain vehicle) she borrowed from a friend. She is hospitalized for her injuries, during which time she requires near constant narcotic pain medica- tion and is often unaware of what is going on around her. A year after she is injured, she files suit against the manufacturer of the ATV. This date is 10 years and 13 days after her friend purchased the ATV. The state has a 10-year statute of repose. The plaintiff argues that statute of repose was tolled by the legal-disability statute during the 20 days that she remained mentally incapacitated in the hospital. What information would you need about the statute of repose and the disability statute to evaluate her argument? What will happen to her suit if she is not successful in making this argu- ment? Penley v. Honda Motor Co., 31 S.W.3d 181 (Tenn. 2000).

8. Mauricesawdefendanthithisfriend,Kevin, over the head with a broken beer bottle. Maurice was stabbed in the neck with the bro- ken beer bottle when he attempted to break up the fight between Kevin and defendant. What defenses should the defendant raise in the law- suit filed by Kevin and Maurice? Explain what defenses you believe defendant should raise, and why? Duda v. Phatty McGees, Inc., 758 N.W.2d 754 (S.D. 2008).

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