Question
Sally, an avid coupon-cutter and former resident of New Orleans, relocated to Atlanta, Georgia after Hurricane Katrina in 2005. On the eve of Fat Tuesday
Sally, an avid coupon-cutter and former resident of New Orleans, relocated to Atlanta, Georgia after Hurricane Katrina in 2005. On the eve of Fat Tuesday at 8:00 p.m., Sally has a craving for alligator jambalaya and learns that her local supermarket, i.e., the Big Pig, has a special on cans of alligator meat. While walking down aisle three of the Big Pig in her search for the cans of alligator meat, Sally slips and falls. While on the floor, Sally notices that her pants are wet and that she has slipped on a transparent liquid substance that is not water. Unable to stand, Jimmy Varney, the manager of the Big Pig, calls an ambulance to provide Sally with first aid and to transport her to the hospital. At the hospital, the doctor who treated Sally was not able to find any broken bones. However, Sally complains of severe back and neck pain and demands additional tests and pain medicine. Reluctantly, the doctors treating Sally agree to provide Sally with pain medicine and conduct additional tests later in the evening. After conducting the tests and despite Sally's continued complaints of pain, the doctors are unable to locate a specific physical cause for Sally's complaints of pain and decide to discharge her. The next morning, Sally's wife Tina wakes up and finds Sally dead. According to the post-mortem examination, Sally died due to a drug overdose caused by the pain medicine prescribed by the doctors on the day of Sally's accident.
Tina wants to sue the hospital and the Big Pig. Assume that you work at a local law firm in Atlanta as an attorney, what claims could Tina bring against the hospital and the Big Pig? And, what possible defenses could the hospital and the Big Pig raise in their defense?
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