Mary Yi is a licensed massage therapist. She is also a patient of Dr. Feelgud, a medical doctor. Mary becomes pregnant as a result of an affair with Dr. Feelgud. When Mary informs Dr. Feelgud of the pregnancy, he asks examine her to confirm the pregnancy. Mary agrees. During the subsequent examination, the doctor repeatedly forces a sharp metal medical instrument into Mary's uterus, ultimately triggering a miscarriage. Mary begins crying hysterically and runs out of the doctor's office, but not before threatening to sue Dr. Feelgud for everything he's got for what he did to her.

The next day Dr. Feelgud purchases a full-page ad in the local newspaper that shows several private, unflattering photographs of Mary Yi that appear to have been taken while she was unconscious on an operating table. The ad quotes Dr. Feelgud as follows: "My former patient, Mary Yi, is a mentally unstable, alcoholic prostitute who is trying to extort money from me that she does not deserve. Such attempts like this are the kind of thing that drives good doctors like me out of small towns like ours. Let's not let her get away with this!"

Fully discuss all of Mary's potential legal claims here, including the legal theories upon which the claims are likely to be based, what must be proven to win under the theories, Mary's likelihood of success on these claims, and finally, what the ultimate outcome of these claims is most likely to be based on your reasoned analysis of these issues.

Case 2(10 points)

Richville School is in a financial crisis that has forced the school to cut costs on supplies and overhead. These cuts have hit the school library particularly hard, resulting in cheaper and fewer computers and tablets, cheaper and fewer tables and chairs, cheaper and fewer lights (and lower wattage bulbs for the remaining lights), and cheaper and fewer smoke detectors, sprinklers and fire extinguishers in the library than before the crisis.

John Jay and Suzie Que are students at Richville. They are studying in a dark corner of the library one day by candle light when their candle lights a book on fire. Once alerted to the fire, the librarian unsuccessfully tries to put the fire out using the fire extinguishers. The fire quickly spreads through the library.

John, Suzie and the librarian escape, but another student, Bobby Badluk, is not so lucky. He is wearing his earphones, doesn't hear the initial alarm and suffers third-degree burns over 50% of his body, resulting in extremely severe, disabling and costly injuries.

Bobby decides to file a lawsuit seeking compensation for his injuries. Who will he likely sue and why? Upon what legal theory will he likely base his claim and what must be proven under this theory? Will Bobby be successful in his lawsuit? Fully discuss all relevant issues surrounding this lawsuit.

Negligence Hypotheticals (2 points each)

Negligence is defined as conduct that falls below the standard established by law for the protection of others against unreasonable risks of harm. Four elements must be proven to establish negligence:

1. adutyof care
2. abreachof that duty
3. a legally recognizableinjuryoccurs
4. causation, meaning the breach of the duty must have directly led to the injury. There are two parts to causation: (1) factual case,and(2) proximate (or legal) cause;bothparts must be proven to have negligence

Failure to proveany oneof the four elements of negligence in a situation means that, by definition, there is no negligence in that situation.

In the following hypothetical situations, determine whether the actor, George, is negligent.If so, indicate that he is negligent.If not, indicate why he is not negligent; that is, indicate which element of negligence is missing. Fully explain your conclusions.

1. George goes to the golf course on Sunday morning, eager to try out a new set of golf clubs he has just purchased. After carefully inspecting the clubs, he tees off on the first hole and the head of his club flies off and hits a Sam, nearby golfer, right in the face. Sam sustains serious facial injuries
2. George goes to the golf course on Sunday morning. As he is teeing off at the eleventh hole, his golf ball veers toward a street next to the golf course and shatters a car's windshield.
3. Driving down a one-way street in the right direction, at no more than the posted speed limit, George hits a teenager, who is injured. The boy had jumped in front of George's car from behind a stone wall to impress friends by scaring George.
4. Driving on, at the next blind spot in the road, George honks his horn three times to warn any teenager who may be waiting to jump in front of his car. Two blocks away, an elderly woman believes the horn is an air raid siren and suffers a heart attack.