Question 1: (5 points)

A professor at a college event is mingling with students and faculty. The event is catered and the professor really enjoys the lamb kabobs. The day after the event, the professor starts to feel ill and is in a lot of pain. He goes to the hospital where they find a piece of wood that caused internal injuries to his stomach and intestines. They remove the wood but the professor cannot teach the rest of the semester while he recovers from his injuries. The professor sues the catering company.

What cause of action should the professor bring against the caterer? What will be the easiest elements for the professor to prove? The most difficult elements?

Question #2: (5 points)

Dan Driver, who just got his driver's license, runs a red light and hits the median with his front tire. He bounces off the median and sideswipes the car next to him in the right lane. The elderly driver in the right lane loses control of his car and smashes into a light post. The airbags deploy and he can't get out of the vehicle. Ed, an eyewitness, stops to help and is hit by a car speeding down the road, which is driven by Susan.

What cause of action should Ed bring against Dan? Against Susan? Who is he most likely to win against? Why?

Question #3: (5 points)

Betty bookkeeper works for an accounting firm. Short of cash after her divorce, Betty takes money in the firm's escrow accounts and uses the money to pay her personal bills. After she receives her paycheck, she returns the money she took from the escrow accounts.

Did Betty commit a crime? If so, what crime(s)? Explain your reasoning.

Extra Credit: (5 points)

The general manager at a construction company receives a subpoena requesting payroll documents for an employee involved in a child support dispute. Nervous that the payroll documents will show that the company is not in compliance with wage and hour laws, the manager does not want to produce the documents.

Can the company lawfully refuse to produce the documents in response to the subpoena? Why or why not?

Submit your completed homework in the appropriate folder under the "Assignments" tab in D2L.