Cornell final04exam wendel

Cornell final04exam wendel - Exam No. _ CORNELL LAW SCHOOL...

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Page 1 of 5 Exam No. ____ CORNELL LAW SCHOOL Fall Term, 2004 Final Examination TORTS Section C Monday, December 6, 2004 Professor Wendel 1:30 - 5:30 INSTRUCTIONS If you are handwriting your exam, please write only on one side of the page, and please skip lines. Laptop use is permitted. You may have with you any printed reference materials, including your casebook, class notes, handouts, my outline, any outline you have prepared, and commercial study guides. The only restriction on reference materials is that you may not do real- time electronic research, through Westlaw, Lexis, Google, or any other database or search engine. All events described in this exam occurred in the State of Krzyzewski, the substantive law of which consists of the cases in the Henderson casebook. If there is inconsistency in the cases that make up the law of Krzyzewski, the resolution depends on the role you are asked to play in answering the question. If you are acting as a judge, it is up to you to resolve the inconsistency in the way you think best, based on the policies underlying the tort system. If you are acting as a lawyer, you should make an argument for the result that would benefit your client, taking into account the counterarguments your opponent would likely raise. Good luck!
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Page 2 of 5 1. (50 points) Jimmy Colbert’s family took him our for a birthday dinner to the local Benandhannah, one of a chain of Japanese-themed steakhouse restaurants (and inexplicably named after my children). One of the attractions of Benandhannah is having your meal cooked tableside by a showy chef, who demonstrates flashy knife techniques and interacts with the diners. Unfortunately, this meal went terribly wrong. It started when the tableside chef tossed a morsel of food to one of Colbert’s sons, who caught it in his mouth but subsequently complained because it was too hot. When Colbert asked the chef to be careful, the chef just smiled. A few minutes later, the chef flipped a hot shrimp at Colbert, who ducked frantically to avoid it. In the process of ducking, he injured two vertebrae in his neck. He left the restaurant in serious pain. The next day, he went to see a doctor, who told him that he needed an operation to correct the injury to his vertebrae. In the doctor’s judgment, if Colbert did not have the operation, even a small strain on his neck could leave him paralyzed. Colbert agreed to the operation. Five months later, Colbert suddenly developed a high fever and difficulty breathing. He went to the emergency room, where he was diagnosed with a severe blood-borne infection. The treating physicians identified it as a latent complication of his neck surgery, which had taken several months to develop into a life-threatening condition. Despite the best efforts of the emergency physicians, Colbert died the next day of the infection. Colbert’s wife and children have sued Benandhannah for wrongful death, seeking
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Cornell final04exam wendel - Exam No. _ CORNELL LAW SCHOOL...

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