13 May SHOULD SHE BE ABLE TO RECOVER ON THIS THEORY?
Homework assignment.1. Nathan is run over by a car and left lying in the street. Sam, seeing Nathan’s helpless state, places him in his car for the purpose of taking him to the hospital. Sam drives negligently into a ditch, causing additional injury to Nathan. Is Sam liable to Nathan? Please discuss.2. A statute requires all vessels traveling on the Great Lakes to provide lifeboats. One of Winston Steamship Company’s boats is sent out of port without a lifeboat. Perry, a sailor, falls overboard in a storm so heavy that had there been a lifeboat it could not have been launched. Perry drowns. Is Winston liable to Perry’s estate? Please discuss.3. Escola, a waitress, was injured when a bottle of Coca-Cola exploded in her hand while she was putting it into the restaurant’s cooler. The bottle came from a shipment that had remained under the counter for thirty-six hours, after being delivered by the bottling company. The bottler had subjected the bottle to the method of testing for defects commonly used in the industry, and there is no evidence that Escola or anyone else did anything to damage the bottle between its delivery and the explosion. Escola brought an action against the bottler for damages. Because she is unable to show any specific acts of negligence on its part, she seeks to rely on the doctrine of res ipsa loquitur. Should she be able to recover on this theory? Please explain.
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