Question
Reyna Alleron is 17 and has never drunk alcohol because the legal drinking age is 21. Her friend Judas Priest is also 17 and decided
Reyna Alleron is 17 and has never drunk alcohol because the legal drinking age is 21. Her friend Judas Priest is also 17 and decided to have a party when his parents were away in Italy celebrating their 25th wedding anniversary. He got his friend Tamar Soule, who is 21, to purchase bottles of grain alcohol so he could make a punch by mixing it with a HiC juice cocktail. The night that Judas held the party, about 100 people came over, including Reyna, all under 21. Most of the partiers drank the HiC punch, and Reyna's best friends have stated that Reyna drank 5 large red cups of punch. Reyna subsequently passed out while driving home, causing a head on collision that killed the other driver, Constance Hopkins and severely injured Reyna.
Your supervising attorney represents Reyna, and she wants to know:
a. What are the applicable legal rules in Maryland (whether statutes, case law, or regulations), and the elements of each applicable legal rule?
b. For each element of each rule, what are the relevant facts? Create a simple chart or list. Facts for some elements may be "unknown."
2. Statute of Limitations/Medical Malpractice:
Aki Chilton was having severe pain in her abdomen and was diagnosed by her doctor, Dr. Samuel Duller, as having appendicitis. Dr. Fuller operated on Aki on September 1, 2016. Aki initially felt better but then began experiencing severe abdominal pain again, along with persistent diarrhea. When Aki sought follow-up care from Dr. Fuller six months later, in March of 2017, Dr. Fuller initially diagnosed various digestive disorders and advised Aki to follow special diet. Aki followed the diet and continued to suffer pain and cramping for the following two years. Eventually, she sought a second opinion from Dr. Russell in January 2019, who ultimately did exploratory surgery and found that a surgical clamp had been left in Aki's abdominal cavity.
Your supervising attorney represents Aki, and he wants to know:
a. What are the applicable legal rules in Maryland (whether statutes, case law, or regulations), and the elements of each applicable legal rule?
b. For each element of each rule, what are the relevant facts? Create a simple chart or list. Facts for some elements may be "unknown."
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