A man drove to his friend’s house for a party and parked his…

A man drove to his friend’s house for a party and parked his car on the street in front of the house. The street had a steep incline, but the man failed to apply his emergency brake before exiting his car. A couple moments after exiting the car, the man stopped 20 feet behind the car to tie his shoes. The friend, who had come outside to greet the man, noticed that the man’s car started to roll backward toward the man. The friend immediately ran toward the man and pushed him out of the way of the car, which slammed into a telephone pole a couple hundred feet down the street. The friend broke his hand in diving to the ground to protect the man. If the friend brings a negligence action against the man for his personal injury, will he succeed?

In the parking lot of a mall, two drivers, while simultaneou…

In the parking lot of a mall, two drivers, while simultaneously backing up, each carelessly struck the other’s car. Neither suffered physical injuries, but  the  damages  to  the  plaintiff’s  car totaled $10,000; damages to the  defendant’s car  were $1,000. The plaintiff sued to recover the damages to his car and the defendant counterclaimed for the damages to her car. At trial, it was determined that the plaintiff was 70% at fault and the defendant 30% at fault for the accident. The applicable jurisdiction has enacted a modified (i.e., partial) comparative negligence statute. After taking into account his own liability to the defendant, how much may the plaintiff recover from the defendant?

A woman underwent gall bladder surgery, which was performed…

A woman underwent gall bladder surgery, which was performed by the hospital’s head surgeon. An intern observed the surgery and provided time updates to the surgical team, since the team had a limited time in which to complete the operation. The woman experienced significant pain following the surgery, and returned to her doctor. An x-ray revealed that a hemostat, which is an instrument typically used in gall bladder surgery, had been left in the woman’s gall bladder. After the hemostat was removed, the woman continued to experience pain due to permanent injuries caused by the hemostat. The woman sued the head surgeon and the intern involved in her surgery. At trial, the woman did not provide any direct evidence that the surgeon or the intern had left the hemostat in her gall bladder. At the close of evidence, the intern moved for a directed verdict.  The judge granted the motion. What is the most likely reason that the judge granted the intern’s motion?

A construction company was removing air conditioning equipme…

A construction company was removing air conditioning equipment from a truck parked on a residential street, using a crane. The equipment weighed several hundred pounds. A half-block away, the mother of a seven-year-old boy was standing on her front porch, watching her son walk to the school bus stop at the end of the block. As the boy walked past the construction site, the air conditioning equipment fell, landing mere inches away from the boy, who calmly continued walking to his bus. While the boy suffered no ill effects from the incident, the boy’s mother, who had a clear view of the incident, immediately fainted after seeing her son so close to certain death. For the next 48 hours, the mother was unable to function due to shock over the event. In the following months, the mother had difficulty sleeping due to nightmares as a result of the incident. The mother sued the construction company on behalf of her son for negligent infliction of emotional distress, and produced evidence at trial conclusively establishing that the construction company was negligent in allowing the air conditioning equipment to fall. Which of the following is the construction company’s best defense against this action?

At lunch with two co-workers, the owner of a bike offered to…

At lunch with two co-workers, the owner of a bike offered to sell it to his manager for $100. His manager replied, “That ancient thing? I’ll give you$50 for it.” The owner’s assistant then stated, “I’ll buy it for $75.” Immediately after the owner responded, “OK,” the manager said, “Wait a minute. How old is it?” When the owner replied, “Two years old,” the manager said, “OK, I’ll buy it for $100.” Which of the following statements is true?