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Torts Final Examination Questions

Answer each question completely.  You may use your textbook and other resources but may not consult with another student or person in providing answers to the questions.  Submit answers to the final examination via the dropbox provided. 

1. Mel Smith bought a new car from Ted’s Auto World. As Mr. Smith was driving the car out of the car lot, he was struck by a large truck because it was 9:00 p.m. (in February) and his new car’s headlights did not work.  Assume that Mr. Smith would not have been involved in the accident if his headlights worked.  Will Mr. Smith be successful in suing the manufacturer of the car for products liability?  Explain your answer.  (10)
2. Maria Martin was employed as a paralegal at King & Prince, Attorneys at Law. One of her responsibilities required her to deposit checks at the bank.  If there were checks that needed to be taken to the bank, she left the law firm at 11:30 and deposited the checks before her lunch hour (King & Prince allowed her take an hour for lunch).  While Ms. Martin was on the way back to the law firm from her lunch hour, she was injured in a car accident.  Was Ms. Martin acting in the scope of employment when she was injured (allowing her to file a workers’ compensation case against King & Prince)?  Explain your answer.  (8)
3. Judge Sarah Dodd, a circuit judge who was assigned to Indian River County, was presiding over a trial when she chastised the plaintiff’s attorney, Jessica Hart. She said, “Ms. Hart, you have done a terrible job representing your client.  You are not prepared for trial and clearly do not know what you are doing.”  Ms. Hart wants to sue Judge Dodd for defamation.  Ms. Hart is not a public figure.  Will Ms. Hart’s lawsuit be successful?  Does Judge Dodd have a defense to Ms. Hart’s lawsuit?  (10)

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4. The Stanley Company manufactures hammers. Smith Hardware Store sells Stanley hammers.  Recently, several customers have complained that their Stanley hammers are defective because while they are using them, the head detaches from the handle.  Several customers were badly injured because the hammers struck them on their faces.  Smith Hardware continued to sell Stanley hammers after these complaints; Ann Belton bought one and was badly injured when the head detached from the handle and struck her in the face.  Ms. Belton wishes to bring an action against Smith Hardware for products liability.  Will she be able to recover?  Explain your answer.  (10)
5. Dinah Park is the owner and manager of a video rental store. Sandy Dunes, a customer, owes Ms. Park $30 in late fees.  Ms. Park posted a sign in the window of her store stating, “Sandy Dunes Owes $30 In Late Fees.”  Has Ms. Park committed an invasion of privacy tort?  Explain your answer. Torts Final Examination Questions  (6)
6. Bill Bailey was badly injured in a car accident and sued the defendant for his injuries. His girlfriend, Cassie Trent, also sued for loss of consortium. Is Ms. Trent eligible to recover damages for loss of consortium?  Explain your answer.   (8)
7. Maggie Vance is a professional juggler. She generally performs at children’s birthday parties and other similar events.  On March 3, 2019 she was hired to perform at Cindy Lester’s birthday party (Cindy is six years old).  Paul and Phyllis Lester (Cindy’s parents) videotaped Ms. Vance’s performance.  Mr. and Mrs. Lester sent the videotape to America’s Funniest Videos.  Ms. Vance wishes to sue Mr. and Mrs. Lester for an invasion of privacy tort.  Will Ms. Vance’s lawsuit will be successful?  Explain your answer.  (8)
8. The National Enquirer published an article stating that Tom Cruise was a member of a cult (the Church of Scientology). The article further stated that the Church had arranged Mr. Cruise’s marriages to Nicole Kidman and Katie Holmes.  The article also stated that Mr. Cruise had abandoned his daughter because she was not being raised as a Scientologist.  Mr. Cruise denies the allegations regarding his marriages and child.  He is interested in filing a lawsuit against the Enquirer for defamation.  Do you think the lawsuit would be successful?  Explain your answer.  (8)
9. Nancy Neal’s sixteen year old son, Nick, was killed in an automobile accident. On the night of the accident, Nick Neal consumed at least ten beers at Vinnie’s, a bar.  The bartenders did not request identification.  An autopsy revealed that Nick Neal’s blood alcohol level was almost twice the legal limit at the time of the accident.  Ms. Neal would like to sue Vinnie’s for causing her son’s death.  Will Ms. Neal be permitted to bring an action for wrongful death against Vinnie’s?  Explain your answer.  (8)

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10. Glenda Baker had her right knee replaced by Dr. Wendy Blake on February 1, 2016. After the surgery Ms. Baker continued to have pain in her right knee and had difficulty putting weight on it.  Ms. Baker discussed these problems with Dr. Blake, who recommended further physical therapy, as well as continued use of a walker.  After several months of physical therapy, Ms. Baker believed that her knee was not improving and decided that Dr. Blake made a mistake in performing the surgery.  Ms. Baker started picketing outside Dr. Blake’s office; she walked back and forth on the sidewalk in front of the office carrying a sign stating, “DR. BLAKE IS A TERRIBLE SURGEON.”  Dr. Blake would like to sue Ms. Baker for defamation.  Will Dr. Blake’s case be successful?  Explain your answer. Torts Final Examination Questions (8)
11. Betty Ames lives in a quiet neighborhood. Her neighbor, Fran Yelp, owns 23 pets, including three cats, fourteen dogs, two iguanas, and four birds.  Ms. Ames alleges that the animals are “noisy and extremely smelly, especially the dogs.”  There are no ordinances or statutes limiting the number of animals that can be kept in Ms. Ames’s   neighborhood.  Do Ms. Yelp’s animals constitute a nuisance?  Explain your answer.  (8)
12. Tim Jones wrote a letter to the Vero Beach Tribune regarding Jim Davies, a candidate for Indian River County Sheriff. In the letter, Mr. Jones stated, “Jim Davies is a phony and a scoundrel.  He wants to be the sheriff of this county to further his own interests.”  Mr. Davies wishes to sue Mr. Jones for defamation.  Will Mr. Davies will be successful in his lawsuit?  Explain your answer.  (8)