| Problem 19.4 The Blood Transfusion Highland Hospital has just acqiuered machinery that can test blood for HIV. Previously it relied on the honesty and knowledge of blood donors to ensure that the blood was safe. Mr. Laden is brought to the emergency room after an accident. He needs emergency surgery and has already lost a lot of blood. The doctors, believing that he will probably need a transfusion, requests several units of his blood type, but they do not have time to test the blood with the new machine. Without immediate surgery, Mr. Laden may die. a. Should the doctors proceed with the surgery even though the blood they need for transfusion is not tested. b. Assume they use the blood, Mr. Laden recovers from his injuries and several months later he tests positive for HIV. As Mr. Laden�s attorney, what arguments would you make? c. As the hospital attorney, what arguments would you make? d. How should this case be decided? Give your reasons. Problem 19.5 The Stolen Car Allan, 17, lends his car to his friend Esther, 16, so that she can pick up her prom dress. Esther drives to large shopping center on the outskirts of town. As she hurries into the store to pick up the dress, she leaves the keys in the car and the driver�s side door unlocked. When she returns 10 minutes later, the car is gone. Esther calls Allan immediately, and he reports to the police that the car has been stolen. The car cannot be found. a. Can Allan sue Esther for the value of the car? Give your reasons b. Would it make a difference if Esther did not yet have a driver�s license and Allan knew this? Explain your answer. Problem 19.6 The Great Chicago In 1871, a major fire destroyed much of the city of Chicago. After thorough investigation, the cause of the fire was determined. It began in Mrs. O�Leary�s shed when a cow she had been milking kicked over a kerosene lantern she had placed too close to the cow�s rear leg. a. Was Mrs. O�Leary negligent in placing the lantern so close to the cow�s leg? b. Should she have had to pay for all the damage caused by the fire? Give reasons for your answer. Problem 19.7 The College Prank As a freshman college prank, Cynthia decides to remove a stop sigh from an intersection and put it in her dormitory room. To avoid being noticed, she chooses a stop sign at the intersection of a little used country road and two-lane state highway several miles out of town. The night after her prank, a motorist from out of state drives through this intersection and is struck by a car traveling at 50 miles per hour along the state highway. Both motorists are seriously injured, and their cars are totally demolished. They recover from their injuries after several months. The police suspect a college prank and are able to find out who removed the sign. The injured motorists bring a civil action against Cynthia, claiming extensive damages. Can they prove that her act caused their harm? Explain your answer. a. Reread the Case of the College Prank. Assume that the plaintiffs can prove duty, breach, and causation. List all the types of damages each plaintiff might have suffered. Could they recover all of these damages? Explain your answer. |