Test 2 S6B Summer 2022 X Time Limit: 1:00:00 Time Left:0:59:18 James Castillo: Attempt 1 Page 1 : Jeannie Kelton was a resident in a Tennessee nursing home when she contracted COVID-19 and died. Kelton's daughter, Susan Kelton, is suing the nursing home asking a court to hold it liable for her mother's death. Susan describes the day that she went to the nursing home to visit her mother in April of 2020. Her mother was brought to the lobby of the nursing home to meet Susan. An employee of the nursing home told Susan that the home had confirmed its first case of the virus Page 2: among its residents earlier that day. Jeannie was not wearing a mask. The employee was not wearing a mask. Susan claims that the nursing home's failure to confine her mother to her room and its failure to mandate the use of masks and other protective gear is a breach of its duty of care that caused her mother's death. Question 1 (5 points) Page 3 Which of the following accurately defines the standard of care if the common law of negligence applies to this case? 10 11 - - The defendant must have acted willfully and knowingly. The defendant must have failed to conduct itself as a reasonable person would have in the same Page 4 circumstances . The defendant must have consciously neglected its duty or have acted with callous indifference to the ences of its conduct. Page 5: Question 2 (5 points) 16 17 Which of the following accurately def if the TN COVID-19 Recovery Act applies to this case? The defendant must have failed to conduct itself as a reasonable person would have in the same circumstances . The defendant must have acted willfully and knowingly. The defendant must have consciously neglected its duty or have acted with callous indifference to the consequences of its conduct. Question 3 (5 points) Which of the following accurately defines the burden of proof if the common law of negligence applies to this case? It must be proven beyond a reasonable doubt that the defendant engaged in negligent conduct. It must be proven that it is more It must be highly and substar t engaged in negligent conduct. Question 4 (5 points) Which of the following accurately defines the burden of proof if the TN COVID-19 Recovery Act applies to this case? It must be proven beyond a re ed in negligent conduct. It must be highly and substantially mo t engaged in negligent conduct. It must be proven that it is more likely than not that the defendant engaged in negligent conduct. Question 5 (5 points) Regardless of whether the common law or the statute applies to this case, it must be proven that there is a causal link between the nursing home's conduct and Ms. Kelton's death. Which of the following is true regarding the proof of this causal link? It must be proven that Ms. Kelton would not have died but for the nursing home's failure to use preventative measures. It must be proven that Ms. Kelton's death was a foreseeable consequence of the nursing home's failure to use preventative measures. Both of the above must be proven