Exam 6: Negligence and Strict Liability

If a court applies res ipsa loquitur:

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat.Fortunately,he was able to remove the bone with his fingers.However,he was upset by the incident and sued the restaurant for negligence.The most likely result would be:

The movers have to bring the piano in through the open window on the third floor. The rope breaks and falls on Carmen's car. Under what theory can she recover damages.

Laura,a brain surgeon,committed a negligent act when she ran a red light and injured Randy,a pedestrian crossing the street.Randy was a mentally impaired adult.

Wayne worked in an office.He had no criminal record,had never had a complaint made against him about his work or his conduct,and had been a faithful employee for nearly 20 years.One day,Wayne followed his supervisor to his home and fatally shot him.The estate of the supervisor sued the company,claiming it should have been aware of Wayne's growing frustration with work.The company's best defense will be that:

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.