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Sam is the father of Joey, a 9-year-old boy. Joey wanted a go-kart for his birthday. A go-kart is a miniature car powered by a small internal combustion, gasoline engine. So, Sam went to “Karts-R-Us,” a retailer of go-karts, where he purchased a Model A-1 go-kart manufactured by “Kart-Co.” Karts-R-Us had purchased the A-1 from “Whole-Co,” a wholesaler, who had purchased the A-1 from “Dist-Co,” a distributor, who had purchased the A-1 from Kart-Co. Sam brought the A-1 home and gave it to Joey on his 10th birthday. Joey started the A-1’s engine and joyfully sped away down the street. Suddenly, however, the A-1 swerved to the right and ran into a tree, injuring Joey. Later investigation revealed that a bolt had been left out of the steering column; as a result, while Joey was driving the A-1, the go-kart had become impossible to steer, which led to the crash. Sam wants you to represent his son, Joey, in a products liability case against all available defendants. Appropriately title the suit, discuss all preliminary issues necessary to a successful products liability case, and then fully analyze all cause(s) of action available to Joey.

A teacher brought a battery action against a student. At trial, the evidence established that the student kicked the teacher in the leg. What additional fact established at trial will likely prevent the teacher from recovering for battery?

A resident living near a factory brought a private nuisance action against the factory, alleging that emissions from the factory’s smokestack were aggravating her sinus condition and interfering with the use and enjoyment of her property. What is the most relevant factor in the factory’s defense of the lawsuit?

A rancher kept his cattle in a fenced enclosure on his property. The rancher’s neighbor, who raised sheep and chickens, was driving his tractor negligently and lost control of it, causing it to run over the rancher’s fence and knock down a section of it. The neighbor meant to alert the rancher about the break but forgot by the time he got back to his barn. A few hours later, a small herd of the rancher’s cattle wandered through the hole in the fence onto the neighbor’s property. The cattle were peacefully munching on hay left out for the sheep when the neighbor’s sheepdog began barking loudly and harrying the cattle, nipping at their heels. The cattle became agitated and stampeded over the neighbor’s property, trampling a number of chickens in an enclosure. The neighbor sued the rancher for the death of his chickens. Is the neighbor likely to prevail in this lawsuit?

A “wind farm” was constructed on the open land next to a gas station where a mechanic is employed. The huge windmills generated electrical power and oscillated at low speeds, resulting in very low-frequency but high-amplitude sound waves that caused extreme discomfort in a substantial minority of people. The mechanic is one of the people adversely affected by such sound waves; the vibrations from the windmills give him severe headaches and upset his immune system. If the mechanic brings an action for nuisance against the wind farm owners and loses, what is the most likely explanation?

A mining company that operated a copper mine in a remote location kept dynamite in a storage facility at the mine. The storage facility was designed and operated in conformity with state-of-the-art safety standards. In the jurisdiction, the storage of dynamite is deemed an abnormally dangerous activity. Dynamite that was stored in the mining company’s storage facility and that had been manufactured by an explosives manufacturer exploded due to an unknown cause. The explosion injured a state employee who was at the mine performing a safety audit. The employee brought an action in strict liability against the mining company. What would be the mining company’s best defense?

Some teenage boys on spring break were canoeing on a river when their canoe overturned. A nearby fisherman overheard the teens’ cries for help and immediately dove into the river to rescue them. The fisherman hit his head on some hidden rocks and suffered a head injury. If the fisherman sues the teens to recover damages and prevails, what is the likely reason?

Under the Federal Tort Claims Act, with certain exceptions not relevant here, the federal government is liable only for negligence. A federally owned and operated nuclear reactor emitted substantial quantities of radioactive matter that settled on a nearby dairy farm, killing the dairy herd and contaminating the soil.  At the trial of an action brought against the federal government by the dairy farm’s owner, the trier of fact found that the nuclear plant had a sound design but that a valve made by the Acme Engineering Company had malfunctioned and allowed the radioactive matter to escape, that Acme Engineering Company is universally regarded as a quality manufacturer of components for nuclear plants, and that there was no way the federal government could have anticipated or prevented the emission of the radioactive matter. If there is no other applicable statute, for whom should the trial judge enter judgment?

Which type of water is has the following characteristics: high nutrients, low dissolved oxygen and low light penetration caused by densely populated algae?

What are pseudopods primarily used for in amoebas?