Question 34 5.3 pts A police officer was shot and killed while wearing a Tactivest ballistic vest. The Tactivest vest has been widely adopted by many police departments, even though there are other ballistic vests on the market. ACE Tactical makes a vest which protects more of the body and is harder to penetrate. But the ACE vest is more expensive, bulkier and less flexible. The police department sued by the officer's family. Their attorney claims that the department is liable because there is a safer alternative design it could have adopted. Will the family prevail? O Yes because there was a safer design O Yes, if the family can show the choice of vest was unreasonable No, because the alternative design could not be reasonably adopted None of the above Question 35 5.3 pts Dr. Smith, a board certified heart surgeon, is driving on an isolated mountain road and sees the car in front of him hit a tree. He pulls up besides the car and sees that the driver has severe lacerations and will likely bleed to death unless he receives immediate medical treatment. Dr. Smith drives away and does not call an ambulance. The man dies. The best legal term to describe this situation is: O Misfeasance O Malfeasance O Malpractice Nonfeasance O Negligence