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Kevin James was a 14-year-old junior high student. He spent many hours playing violent video games on his computer. One day, he took six guns
- Kevin James was a 14-year-old junior high student. He spent many hours playing violent video games on his computer. One day, he took six guns to school and shot three of his classmates to death. The parents of the deceased classmates sued the creators and distributors of the video games for negligence claiming that the defendants owed a duty of care to their children. The defendants filed a motion for a summary judgment denying that such a duty is owed. Did the distributors of the games owe a duty to the plaintiffs? Explain.
- Elsie Mack was admitted as a patient to the Lydia E. Hall Hospital for a surgical procedure for the treatment of cancer. Dr. Jahr was the surgeon in charge of the operation. Other hospital personnel assisted in the surgery. An electrical instrument called an electrocoagulator was used during the surgery to coagulate Mack's blood vessels and stop bleeding. A component part of the electrocoagulator known as the grounding pad was placed on Mack's left thigh and remained there throughout the operation. While under anesthesia, Mack sustained 3rd degree burns because the grounding pad was in full contact with her skin. The burn was more than inch deep and 2 inches in diameter. Mack sued the hospital, Dr. Jahr, and other hospital personnel to recover damages. Can she rely upon the doctrine of res ipsa loquitur? Explain.
- Hawkins slipped and fell on a puddle of water just inside of the automatic door to the H & E Grocery Store. The water had been tracked into the store by customers and blown through the door by a strong wind. The store manager was aware of the puddle and had mopped it up several times earlier in the day. No signs had been placed to warn patrons of the danger. Hawkins brought an action to recover damages for injuries sustained in the fall. Is the store liable? Hint: Did it owe a duty of care to Hawkins? Explain.
- Judy Dunne, who weighed between 450 and 500 lbs., received an exercise bike from her children as a birthday present. The bike was purchased from Wal-Mart Stores Inc. She rode the bike for a moment, peddling three or four rotations. The bike collapsed and Judy sustained serious injuries. The bike was designed for use by people up to 250 lbs (which is 99% of the population), but the manufacturer did not specify a weight limit in marketing the bike. Is the bike defective? Can Dunne recover for product liability from the manufacturer and/or Wal-Mart? Explain.
- Gina, was standing on a street corner waiting for a ride to work. Gomez, who had just purchased a new car manufactured by Optimal Motors, was driving down the street. Suddenly, the steering mechanism broke, causing him to run over Gina. Gina suffered permanent injuries. Gina sued Optima for product liability. Optima asserted two defenses: (1) reasonable care had been used in manufacturing the car and (2) Optima was not the manufacturer of the steering mechanism. Will either or both of these defenses be valid against Gina's suit? Explain.
- In an attempt to commit suicide, Connie Daniell locked herself in the trunk of her 1973 Ford LTD automobile, where she remained for nine days before being freed. During the nine days, she changed her mind and sought to escape, but was unable to do so. She sued Ford Motor Co. for product liability for the injuries that she sustained. She claimed that the car was defective because it did not have a mechanism whereby the trunk could be opened from the inside. Does she have a good case for product liability? Explain.
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